Reporting Requirements; International Airworthiness ... · ex;i:-cs!-ing thRI desire and describing...

Federal Aviation Administration Aviation Rulemaking Advisory Committee Air Carrier/General Aviation Maintenance Issue Area International Airworthiness Communications Working Group Task 1 – Reporting Requirements

Task Assignment

Federal Register I Vol. 56, No. 166 I Tuesday. August 27, 1991 / Notices

Aviation Ruleffl8ldna Advtsory Committee; Air Carrier/General Aviation Maintenance Subcommittee; Improved Atrworthlness Communications Working Group

AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of establishment of Improved Airworthiness Communications Working Group.

SUMMARY: Notice is given of the establishment of an Improved Airworthiness Communications Working Group by the Air Carrier/ General Aviation Maintenance Subcommittee of the Aviation Ruic.caking Ad\'1SOry Committee. This noti.:e in!'orms the public of the actjvities of the Air Carrier/General Adcth:m Maintenance Subcommittee of the A\·ic:tion Rulemaking Ad\"isory Col!ll1"JttE.-e. FOR F'1'RTMER tM'ORMATfON CONTACT: Mr. William J. White. Executive Director, Air Carrier/General A Yiation Maintenance Subcommittee. Flight Standcrds Service {AFS-2). 800 Independence Avenue SW .. Washing!OT'~ DC 20591. Telephone: (202) 267-8:37:F~{:!02)267-5230. SUPPU:MENTARY INFORMATION: The Federal A\·iation Administration (FAA) established an A\·iation Rulemaking Ach·iso'.'y Committee (56 FR 2190. Ja:..iary 22. 1001) which held its first rnett:ng on May 23, 1991 (56 FR 20492. May 3. 1991). The Air Carrier/General Axiation Mainte.1ance Subcommittee v:as established at that meeting to pru~ide ac!i·ice and rece:~mendations to tf-1e Director. Fl.ii;:1t Standards Service. re1;3rd:ng mechanic certification and app~O\·e::! trai .. :.'lg schools cutlined in parts 65 and 147 ar.d the mair;tenance sian.:!.:m:is for parts 23. 25. 27, 29. 31, 33, a;id :;5 aircraft. engines. propellers. and their com;::.iner,t pcris and parallel prc·.-i~icr.s in pc1rts 21. 43. 91. 121. 125. 12-:-. 12::i. 133. J35. a::d 137 of the f'ederal :\ric'.:~r. Rqi:.;;.,,,v.:s (FAR). At ils first r:;ct''.in; or. ~:a:; 24. 1991 (56 rR 204S2. r,!,,:; ::. 1991). the subcommittee Pf :c:LL~;;ed the lrnp:-0\'cd Airworthiness Co:n!'.,..:•.icatkr.s Working Group.

S;>e-:ifica:ly, the: \·:oriing group's task 1s th,, fd!owil"!g:

D~vdop:::en! oi an !\."PR.\.1 to address the rr-po:ting rcqulremer:ts of§§ 121.703 and 121.705 ar,d &irr.ilar r.iles of parts 125. 135. &nd 145 of the FAR. The reason for this ;.n,endrrie:;:;! is to cor:sider the ag~ng a!~e:t s::""Jcturai rep'Jrting rccui:-:a:nents and to est.;blish a more rea!:sti:: and usefd data base that are reqt:in:d for assc>ssing today·s aircra~t ar:d er:gir.e rel:ahility. This may lead to tb deve!opmer:t of a new § 121.704.

Th•..! lmpr'C\·ed Airworthiness Communications Working Group v,rill be comprised cf experts from those organizations hai;ing an interest in the task assigned to it. A working group rncm!Jer need not necessarily be a representath:e of one of L'le organizations of the parent Air Carrier I General A,·iation Maintenance s~bccmmi~tee or o~ the full A\·iation JhJ.l::mak:.."lg Advisory ·committee. A.'1 individual who t.&s expertise in the

· subject matter and wishes to become a . member of the ~·orking group sho•.!id wri!e the pe!'SO:t listed under the caption .. FOR FURTH~ INFOIUIATION CONTACT ••

ex;i:-cs!-ing thRI desire and describing his or her interest in the task and the expertiS1! he or she would bring to the working group. The request will be reviewed with the subcommittee chair and wOl'king group leader. end the· mci\·idual ad,ised "'·hether or not the request can be accommodated.

The Secretary of Transportation has determined that the formation and use of the Aviation Rulemeking Ad·.isory Committee and its subcmr.mittees are necessary in the public interest in oomrectioa with the performance of duties imposed on the FAA by law. Meetings of the full committee and any subcommittees will be open to the public except as authorized by section tO(d) of the Federal Advisory Committee Act. Meetings of the lm;::,roved Ainvorthiness Communications Working Group will not be open to the public. except to the extent thc:t individuals y.•ith Em inte::-est and expertise are selected to participate .. No public announcement of working group

· meetings will be made. Issued in Washington. DC. on August 20.

19!?1.

William J. White, Executfre Director. Air Carrier/Geneml A 1·10! ion Maintencnce Subcomrr:iltf'e. A via/ion Rulemaking ,'lc'1·isor:r Committee (FR Doc. 91-2J490 Filed ~26-91: 8:45 am} BIU.fffG CODE 4'10-13-111

123i1

Recommendation Letter

Air Transport Association

February 3, 1995

Mr. Anthony J. Broderick Associate Administrator, Regulation & Certification (AVR-1) Federal Aviation Administration 800 Independence Avenue, S.W. Washington, D.C. 20591

Dear Tony:

I .·. _':·, : - .•

On behalf of the Aviation Rulemaking Advisory Committee, Air Carrier/General Aviation Maintenance Issues, it's my pleasure lo forward to you a complete recommendation to revise the Mechanical Interruption and Service Difficulty Reporting systems, copy attached. The recommendation is the product of the International Airworthiness Communications Working Group, which had its genesis. in the original Airworthiness Assurance Task Force (AATF) in 1988.

The recommendation complements the work of the recent Aviation Safety

. i . '

. ;

·•. I . {t ~.r ··: t

f t ., I

i I

Conference, which developed several recommendations regarding aviation safety data bases. F The working group believes that its recommendation witr significantly improve the i consistency and the volume of service information reported to the data bas~. 1 f"

The original M TF working group recognized that this recommendation would be an _ important initial step in a longer term effort to improve the reporting, collection, retrieval and analysis of safety information. Subject to your concurrence, I would like to invite ARAC Maintenance to participate in a dialog to define the next step in this process.

Attachment·

·-"' Sincerely, ·

.: · Steven R. Erickson Assistant ARAC Chair ""'

·Air Carrier/General Aviation Maintenance Issues ·

. · , .. , Air;Transport ~ialiof'! of Am~rica ·· 1301 Pennsylvania ,Ave., NW - Suite 1100 Washington, DC 20004-1707 ·

,. . (202) 626-4000 ·

Acknowledgement Letter

US. Department of Transportation

800 Independence Ave .. S.W. Washington, D.C. 20591

(

Federal Aviation Admlnlsliatlon

FEB 2 3 1995

Mr. Steven R. Erickson Assistant Chair, Aviation Rulemaking

Advisory Committee 1301 Pennsylvania Avenue, NW Washington, DC 20004-1707

Dear Mr. Erickson:

I t"2'/1 l,ed(.,l rf '(

ffcJl-fl ~ t/

Thank you for your February 3 letter forwarding the Aviation Rulemaking Advisory Committee's (ARAC) recommendation to revise the Mechanical Interruption and Service Difficulty Reporting systems.

I would like to thank the aviation community for its commitment to ARAC and its expenditure of resources to develop the recommendation. We in, the Federal Aviation Administration (FAA) pledge to process the document expeditiously as a high-priority action.

Your invitation to participate in a dialogue to define the next step in this process is most appreciated. The agency will determine appropriate action to take in this regard and take into consideration your request to participate in the process.

Again, let me thank the ARAC and, in particular, the International Airworthiness Communications Working Group for its dedicated efforts in completing the task assigned by the FAA.

Sincerely,

Anthony J. Broderick Associate Administrator for

Regulation and Certification

U.S. Department of Transportation

Federal Aviation Administration

DEC 2 6 1995

Mr. Steven R. Erickson Aviation Rulemaking Advisory Committee Air Transport Association of America 1301 Pennsylvania Avenue, NW Suite 1100 Washington, DC 20004-1707

Dear Mr. Erickson:

In response to the task announced in the Federal Register on

800 Independence Ave .. S.W. Washington, D.C. 20591

August 27, 1991 (56 FR 4~371), the Aviation Rulemaking Advisory Committee (ARAC) submitted a recommendation to the Federal Aviation Administration (FAA) in the form of a notice of proposed rulemaking (NPRM). This notice proposes to revise the reporting requirements for air carrier certificate holders and certificated domestic and forej_gn repair stations concerning failures, malfunctions, and defects of aircraft, aircraft engines, systems, and components. Comments received in response to the NPRM are considered to be non-substantive; consequently, the final action will be developed internally by the FAA.

Again, let me thank ARAC and, in particular, the International Airworthiness Communications Working Group for its dedicated efforts in completing the task assigned by the FAA.

If you have any questions, please contact Mr. Frederick Leonelli at (202) 267-3546.

Sincerely,

~~oderick Associate Administrator for

Regulation and Certification

Recommendation

[4910-13-P] ·

DEPARTMENT OF TRANSPORTATION


14 CFR Parts 121, 125, 127, 135, and 145

[Docket No.

RIN:

; Notice No. ]

Operational and Structural Difficulty Reports

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of Proposed Rulemaking.

SUMMARY: The Federal Aviation Administration (FAA) proposes to

revise the current reporting requirements for certificate holders

and certificated domestic and foreign repair stations concerning

failures, malfunctions, and defects of aircraft, aircraft·

engines, systems, and components that affect aviation safety.

The proposed rule would clarify and standardize the type of

information necessary for the FAA to identify trends that may

affect aviation safety. This action· was prompted by an internal

FAA review of the effectiveness of the current reporting system

and by air carrier industry concern over the quality of the data

being reported by air carriers and the timeliness of the FAA's

distribution of the reported information. The objective of the

proposed rule is to.update and improve the current reporting

system to effectively collect·and disseminate clear and concise

information, particularly with regard to aging aircraft, to the

aviation industry.

DATES: Comments must be submitted on or before

ADDRESSES: Comments on this notice should be delivered, in

triplicate, to: Federal Aviation Administration, Office of the

Chief Counsel, Attention: Rules Docket (AGC-200), Docket No.

800 Independence Avenue, SW., Washington, DC 20591. Comments

delivered must be marked Docket No. Comments may be

examined in Room 915G weekdays between 8:30 a.m. and 5 p.m.,

except on Federal holidays ..

FOR FURTHER INFORMATION CONTACT: Benjamin J. Burton, Aircraft·

Maintenance Division, AFS-330, Flight Standards Service, Federal

Aviation Administration, 800 Independence Avenue, SW.,

Washington, DC 20591, telephone (202) 267-3797.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to participate in the making

of the proposed rule by submitting such written data, views, or

arguments as they may desire. Comments relating to the

environmental, energy, federalism, or economic impact that might

result from adopting the proposals in this notice are also

invited. Substantive comments should be accompanied by cost

estimates. Comments should identify the regulatory docket or

notice number and should be submitted in triplicate to the Rules

Docket address specified above. All comments received on or.

before the closing date for comments specified will be considered

by the Administrator before taking action on this proposed

rulemaking. The proposals contained in this notice may be

changed in light of comments received. All comments received

will be available, both before and after the closing date for

comments, in the Rules Docket for examination by interested

persons. A report summarizing each substantive public contact

with FAA personnel concerned with this rulemaking will be filed

in the docket. Commenters wishing the FAA to acknowledge receipt

of their comments submitted in response to this notice must

include a preaddressed, stamped postcard on which the following

statement is made: "Comments to Docket No. II The postcard

will be date s~amped and mailed to the commenter.

Availability-of the NPRM

· Any person may obtain a copy of this Notice of Proposed

Rulemaking (NPRM) by submitting a request to the Federal Aviation

Administration, Office of Public Affairs, Attention: Public

Inquiry Center, APA-220, 800 Independence Avenue, SW.,

Washington, DC 20591, or by calling (202) 267-3484.

Communications must identify the notice number of this NPRM.

Persons interested in being placed on the mailing list for

future NPRMs should request from the above office a copy of

Advisory Circular No. 1·1- 2A, Notice of Proposed Rulemaki~g

Distribution System, which describes the application procedure.

Background

Sections 121.703, 127.313, and 135.415 of 14 CFR require

that holders of certificates issued under part 121, 127, or 135

submit reports on certain specified failures, malfunctions, or

defect.s of specific systems and on all other failures,

malfunctions, or defects that, in the opinion of the certificate

3

holder, have endangered or may endanger the safe operation of an

aircraft. Section 125.409 requires that part 125 certificate

holders report each failure, malfunction, or defect. In

addition, §§ 145.63 and 145.79 contain provisions for

certificated domestic and foreign repair stations, respectively,

to report defects or recurring unairworthy conditions of a~y

aircraft, powerplant, propeller, or any component thereof to the

FAA. Both certificate holders and certificated repair stations

must submit the reports described above to the FAA. In

accordance with the Flight Standards' Service Difficulty Program,

set forth in FAA Order No. 8010.2, the information is reviewed

and evaluated by the Principal Maintenance Inspector (PMI) and

mailed to the FAA's Mike Monroney Aeronautical Center in Oklahoma

City, OK, for input into the Service Difficulty Reporting

Subsystem (SDRS). The report data is entered into the SDRS and

compiled to generate a weekly summary that.is distributed to

aircraft manufacturers, air carriers, repair statio~s, members of

the general aviation community, and various offices of the FAA.

Additional review and evaluation of the data are accomplished by

the aeronautical center to identify trends or significant

reports. The appropriate FAA office is notified if trends or

significant safety items are noted.

Sections 121.705, 127.315, and 135.417 contain provisions

for submitting a summary report to the FAA on mechanical

4

difficulties or malfunctions that interrupt a flight or caus~

unscheduled aircraft changes, stops, or diversions en route that

are not required to be reported under§§ 121.703, 127.313, and

135.415, respectively. Section 121.705 also requires a summary

report containing information on the number of aircraft engines

removed prematurely because of a malfunction, failure, or defect

and the number of propeller featherings that occur in flight for

other than training purposes, demonstrations, or flight checks.

Section 127.315 only requires further summary reports

containing information on the number of engines removed, and

§ 135.417 only requires further summary reports on the number of

propeller featherings that occur.

History

The explosive decompression and structural failure of a

Boeing 737-200 series aircraft on April 28, 1988, focused

worldwide attention on aging air carrier fleets. As a result of

this event, a joint effort between the air carrier industry and

regulatory authorities was established to address the continued

airworthiness of the air transport fleet. This effort led to the

establishment of the Airworthiness Assurance Task Force (AATF).

The AATF's activities focused on five major efforts that

were a direct result of airworthiness issues presented by

airlines and aircraft manufacturers at-the First International

Conference on Aging Airplanes, which was hosted by the FAA in

June 1988. One of the issues presented at the conference was the

5

need to ensure an adequate communications system between

airlines, manufacturers, and the FAA. This task was assigned to

the Improved Airworthiness Communications Steering Committee

(IACSC) Data Collection Subcommittee of the AATF.

The FAA attended joint FAA/industry meetings with the IACSC

to discuss problems associated with§§ 121.703, 121:705, 145.63,

145.79, and the Service Difficulty Report (SDR) program. Is.sues

addressed in the March 21, 1991, General Accounting Office (GAO)

report entitled Changes Needed in FAA's Service Difficulty

Reporting Program and written recommendations from IACSC surfaced

as points of discussion during the FAA/industry meetings.

Members of the air carrier industry and FAA personnel expressed

concern that, because of a lack of a standardized reporting

format, there are varied interpretations of what is required to

be reported. It was also noted that report information submitted

by air carriers is inconsistent from airline to airline and

results in incomplete data. In addition, air carriers voiced

concern about the timeliness of the FAA's dissemination of SDR

information. The subcommittee noted tha.t the manual data entry.

of reports into the SDRS delays the distribution of information

to the airlines.

The IACSC also noted that the current reporting requirements

of§ 121.705 are unnecessary because the data reported is .

reliability information that does not affect flight safety. The

subcommittee further stated that this regulation does not provide

sufficient guidance on the type or scope of the information to be

6

reported; therefore, reporting is inconsistent. Reliability

information currently must be monitored in accordance with

§ 121.373. Consequently, ARAC did not believe§ 121.705 was

necessary and suggested that it be deleted.

In addition, the IACSC recommended proposing a new

§ 121.704. This new section specifically would address defects

in aircraft structures and problems normally associated with

aging aircraft. The IACSC further recommended that the current

reporting requirements of §§ 12.1. 703 (a) (14) and 121. 703 (a) (15)

relating to aircraft structures be revised and transferred to the

pro~osed new section. The proposed reporting requirements would

collect information on discrepancies found in primary structure

or principal structural elements. In addition, information on

discrepancies found in composite materials that comprise primary

structure or principal structural elements would be collected.

The IACSC also recommended revising§§ 145.63 and 145.79 to

allow part 121 certificate holders to delegate to a certificated

repair station the task of submitting the reports required under

proposed ·§§ 121. 703 and 121 .. 704 when a repair station discovers a

malfunction or defect. This recommendation would serve to reduce '

the number of duplicate reports from air carriers and repair

stations, and would improve repair station reporting.

The IACSC was realigned as the International Airworthiness

Communications Working Group ·(IACWG) under the Aviation

Rulemaking Advisory Committee (ARAC) on Air Carrier/General

Aviation Maintenance Issues. The.ARAC was established under FAA

7

Order No. 1110.119, dated February 22, 1991, to advise the ~AA on

aviation safety-related rulemaking activity on a wide range of

issues. Following the evaluation of the IACWG's recommendation

for the revision of part 121, the ARAC tasked the group with

preparing similar recommendations for operations conducted under

parts 125, 127, and 135.

During preparation of the recommendations for parts 125,

127, and 135, the IACWG noted that the current reliability

reporting requirements of§§ 127.315 and 135.417 are also

unnecessary. There is no equivalent section in part 125.

Therefore, the working group recommended deleting§§ 127.315 and

135.417, which would be consistent with the IACWG's proposed

deletion of§ 121.705. Currently, reliability information for

operations conducted under these parts must be monitored in

accordance with§§ 127.136 and 135.431.

Subsequent discussions within the working group revealed

that§ 121.705(a) would need to remain in the regulation so that

PMI's would continue to receive timely information from air

carriers on mechanical interruptions of flights caused by

malfunctions or defects that are not required to be reported to

the SDRS. The working group, therefore, recommended deleting only

§§ 121.705 (b) and (c), 127.315(b), and 135.417(b), which relate

to premature engine removals and in-flight propeller featherings.

8

The Proposed Rule

Based on the joint discussions with representatives of the

air carrier industry, recommendations from the ARAC, and an

internal review of the SDR program, the FAA recognizes that

improvements to reporting requirements and the SDR program are

necessary. This proposed rule presents actions to correct

deficiencies cited in the FAA/industry meetings and the GAO

report, and was developed based on the recommendations from the

ARAC.

This proposed rule would modify the current reporting

requirements for air carriers and repair stations to standardize

report information. The proposed rule also would explicitly

permit the submission of the required reports in an electronic

. form to encourage reporting that will give the FAA information on

a near real-time basis. In addition, the proposed rule would

revise the current reporting requirements for air carriers to

include the reporting of certain occurrences or detections of

failures, malfunctions, or defects of aircraft, aircraft engines,

systems, and components that occur during ground operations and

that could affect the safety of flight operations.

The proposed rule would also allow part 121, 125, 127, or

135 certificate holders to delegate to a certificated domestic or

foreign repair station the task of submitting operational and

structural difficulty reports to the FAA on behalf of the

certificate holder when the repair station discovers defects or

unairworthy conditions. This provision would eliminate duplicate

9

.. ·:

reporting of a problem by the air carrier and the repair station.

The proposed rule would delete§§ 121.705(b) and (c),

127.315(b), and 135.417(b), removing the requirement for

submitting summary reports on premature engine removals and

in-flight propeller featherings because this information is

reliability-related data rather than safety-of-flight data .. The

proposed rule also would add new§§ 121.704, 125.410, 127.314,

and 135. 416 to specifically address the repor_ting of structural

defects and problems normally associated with aging aircraft.

Sections 121.703, 125.409, 127.313, and 135.415 would be

revised to focus on the reporting of operational defects, and new

§§ 121.704, 125.410, 127.314, and 135.416 would be added to

manage the reporting of structural defects.

Section 125.409 would be revised by requiring reports for

specific events rather than reports of the occurrence or

detection of ·every failure, malfunction, or defect. The proposed

change eliminates the reporting of defects that do not compromise

the airworthiness of the aircraft. The proposal would add

requirements to part 125 that are equivalent to the reporting

requirements in proposed§§ 121.703, 127.313, and 135.415.

In revising the part 135 reporting requirements, the FAA

recognizes that aircraft maintained in accordance with part 135

may operate under part 91 at times; however, all part 135

reporting requirements would apply as long as the aircraft is

maintained under part 135.

10

New reporting requirements have been developed for eac~ of

the proposed sections to standardize report information.

Required reporting information has been revised to include total

aircraft flight time to aid in evaluating corrosion and aircraft

structural fatigue. In addition, the amount of elapsed time

since the last maintenance performed on components has been added

to determine how long components have been in service.

Information on manufacturer's part numbers and serial numbers has

been added to develop trend information. Reporting procedures

would also be revised to encourage the electronic transmission of

data directly to the location where the data base is maintained.

(Presently, the data base is maintained at the Mike Monroney

Aeronautical Center.) A program that enters SDR qata

electronically into the SDRS is operational. The electronic

submission of data provides a database that is near real-time.

Data is uploaded and available the next business day. The

proposed rule would also provide for collecting information on

aborted or "rejected" takeoffs caused by the failure,

malfunction, or defect of an aircraft component or system. This

information would be used to -generate statistical data for future

analysis of the safety implications such events may have on

flight operations.

Sections 145.63 and 145.79 would be revis~d to allow

part 121, 125, 127, and 135 certificate h9lders to delegate to

certificated domestic and foreign repair stations the task of

submitting the reports required under the proposed sections of

11

parts 121, 125, 127, and 135 on behalf of the certificate holder

when the repair station discovers a malfunction or defect. This

proposed change would eliminate the requirement for the air

carrier and the repair station to report the same problem to the

FAA. However, the air carrier would not be relieved of the

responsibility for these reports.

The purpose of the proposed regulation would be to enhance

air carrier safety by collecting additional and more t;imely data

that identifies mechanical failures, malfunctions, and defects

which may be a serious hazard to the operation of an aircraft.

The information collected would be used to develop and implement

corrective actions to help prevent future occurences of these

failures, malfunctions, and defects once they have been

identified.

General Discussion of the Proposed Rule

Sections 121.703, 125.409, 127.313, and 135.415

The proposed rule would change the titles of§§ 121.703,

127.313, and 135.415 from "Mechanical reliability reports" ~o

"Operational difficulty reports." The proposed rule also would

change the title of§ 125.409 from "Reports of defects or

unairworthy conditions" to "Operational difficulty reports." The

title changes would reflect more accurately _the type of \

information collected, which may be categorized as primarily·

operational and safety-related information rather than

reliability and failure information as is implied_by the current

titles.

12

--- ~----------

Sections 121. 703 (a) (1). 125. 409 (a) (1). 127. 313 (a) (1). and 135.415{a) (1)

Proposed§§ 121.703(a) (1), 125.409(a) (1), 127.313(a) (1), and

135.415(a) (1) would specify that a certificate holder must report

each failure, malfunction, or defect involving any fire, rather

than only those fires that occur during flight, as is currently

prescribed by the regulations. The proposed changes would ensure

that information is also reported on fires that occur on the

ground because these fires may ~ffect the safety of flight. In

addition, the current requirement to report whether the related

fire-warning system functioned properly in the event of a fire

caused by a failure, malfunction, or defect also would be

required to be reported by the proposed rule.

Current§§ 121.703(a)(2), 127.313(a)(2), and 135.415(a)(2)

require certificate holders to report failures, malfunctions, or

defects concerning fires during flight that are not pro.tected by

a related fire warning system. Proposed§§ 121.703(a) (1),

125.409(a) (1), 127.313(a) (1), and 135.415(a) (1) would include

this requirement because failures, malfunctions, or defects

involving any fire must be reported by the certificate holder.

Sections 121.703{a) (2). 125.409(a) (2). 127.313(a) (2). and 135.415(a) (2)

Proposed §§ 121. 703 (a) (2) , 127. 313 (a) (2) , and 135. 415 (a) (2)

would revise current§§ 121.703(a) (3), 127.313(a) (3), and

135. 41.5 (a) (3) , respectively, which address the reporting of

failures, malfunctions, or defects involving false fire warnings

13

during flight. The proposed rule would require that any fa~se

fire or smoke warning requiring the use of emergency procedures

be reported to ensure that the certificate holder documents

occurrences that have safety-of-flight implications. This

requirement also would be added to proposed§ 125.409(a) (2).

Sections 121.703(a) (3), 125.409(a) (3), 127.313(a) (3), and 135. 415 (a) (3)

Proposed§§ 121.703(a) (3), 127.313(a) (3), and 135.415(a) (3)

would require that information on damage to an engine, adjacent

structure, equipment, or components caused by a failure,

malfunction, or defect of an engine exhaust system be reported by

the certificate holder regardless of whether such damage occurred

in flight or on the ground. Proposed§ 125.409(a) (3) would add

the same requirements for operations conducted under part 125.

Currently,§§ 121.703(a) (4), 127.313(a) (4), and 135.415(a) (4)

require only that the certificate holder report to the FAA damage

to an engine, adjacent structure, equipment, or components caused

by an engine exhaust system during flight.

Sections 121.703(a) (4) 1 125.409(a) (4). 127.313(a) (4). and 135.415(a) (4) ·

Proposed§§ 121.703(a) (4), 127.313(a) (4), and 135.415(a) (4)

would revise the current requirements in§§ 121.703(a) (5),

127.313(a) (5), and 135.415(a) {5), respectively; by requiring.that.

the failure, malfunction, or defect of aircraft or helicopter

components that cause an accumulation or circulation of smoke,

vapor, or toxic or noxious fumes resulting in the use of

emergency procedures be reported. Proposed§ 125.409(a) (4) would

14

add the same requirements for operations conducted under part

125. These proposed changes would e~iminate the reporting of

events that do not affect safety by indicating that such events

would have to be reported only if emergency procedures are

exercised.

The proposed·c:tiange also would delete the words "during

flight." The proposed reporting requirement would include events

that occur in ~light or on the ground and would expand the

reporting of these events to the entire aircraft. The current

requirements only cover these events if they occur in the crew

compartment or passenger cabin.

Sections 121.703(a) (5), 125.409(a) (5), 127.313(a) (5), and 135.415(a) (5)

These proposed sections would combine the reporting

requirements for engine failures and shutdowns in current

§ § 121. 7 O 3 (a) ( 6 ) , 121. 7 O 3 (a) ( 7 ) , 121 . 7 O 3 (a) ( 8 ) , and 121 . 7 O 3 (a) ( 9 )

into proposed§ 121.703(a) (5); current§§ 127.313(a) (6),

127.313(a) (7), 127.313(a) (8), and 127.313(a) (9) into proposed

§ 127.313(a) (5); and cu·rrent §§ 135.415(a) (6), 135.415(a).(7),

135.415(a) (8), and 135.415(a) (9) int6 proposed§ 1j5.415(a) (5).

An equivalent§ 125.409(a) (5) would also be added.

The proposed change would require that the certificate

holder report failures, malfunction, or defects involving all

engine flameouts and shutdowns during ground or flight

operations. The proposed sections would contain a provision to

exclude intentional engine shutdowns, such as those that occur

1!:>

during flight crew training, test flights, and taxiing to reduce

fuel consumption. Sections 121. 7 O 3 (a) ( 6 ) , 12 5 . 4 O 9 (a) ( 6) , and 13 5 . 415 (a) ( 6 )

These proposed sections would amend current

§§ 121.703{a) (10) and 135.415(a) (10) by deleting the words

"during flight.fl The proposed change would require that the

certificate holder report the failure, malfunction, or defect of

any propeller feathering system or the ability of the system to

.control overspeed events whether such events occur during flight

or on the ground. Proposed§ 125.409(a) (6) would add the

equivalent requirement for operations conducted under part 125.

Sections 121.703(a) (7), 125.40'9(a) (7), 127.313(a) (6), and 135.415 (a) (7)

These proposed paragraphs would redesignate the requirements

in § 121. 703 (a) (11) as § 121. 703 (a) (7), § 127 .313 (a) (9) as

§ 127.313(a) (6), and§ 135.415(a) (11) as§ 135.415(a) (7), and

would add new§§ 125.409(a) (7). These requirements pertain to

reporting the failure, malfunction, or defect of a fuel or

fuel-dumping system that affects fuel flow or causes hazardous

leakage in flight. Proposed§ 127.313(a) (6) has been revised to :..,v ..

include fuel dumping systems because these systems are now

available on some helicopters.

Sections 121.703(a) (8). 125.409(a) {8). 127.313(a) (10) and 135.415(a) (8)

The proposed rule would redesignate current paragraph

§ 121.703(a) (12) as§ 121.703(a) (8); revise current

§ 135.415(a) (12) and redesignate it as§ 135.415(a) (8); revise

§ 127.313(a) (10); and add new§ 125.409(a) (8). These sections

16

require the reporting of failures, malfunctions, or defects in

the operation of landing gear and landing gear doors during

flight. Section 127.313(a) (10) would be revised to include '·

equivalent requirements because helicopters are currently

available with retractable landing gear. The requirements of

current§ 127.313(a) (10) related to helicopter structures that

require major repairs would be moved to proposed new§ 127.314.

The proposed rule would also remove the term "unwanted" from

current§ 135.415(a) (12) to require that any landing gear

extension or retraction, or opening or closing of landing gear

doors during flight resulting from a malfunction or defect must

be reported. This also would ensure consistency with the

reporting requirements of parts 121 and 125.

Sections 121.703(a) (9), 125.409(a) (9), 127.313(a) (11) and 135.415 (al (9)

Current§§ 121.703(a) (13) and 135.415(a) (13) relating to

failures, malfunctions, or defects in aircraft braking components

would be revised and redesignated as proposed§§ 121.703(a) (9)

an9 135.415(a) (9), respectively. . ,,,

The equivalent requirements

would be added to§ .12'5.409(a) (9) to provide consistency with

parts 12.1 and 135. Section 127. 313 (a) (11) would be revised to

include the reporting of failures, malfunctions, or defects of

brake system components because wheeled helicopters are equipped

with brakes. The requirements of current§ 127.313(a) (11)

related to cracks, deformation, or corrosi'on of helicopter

structures would be moved to proposed new§ 127.314.

17

The proposed rule would change "loss of brake actuating

force" to "any detectable loss of brake actuating force" to

clarify the interpretation of the term "loss." Some air carriers

have interpreted the term "loss" to mean total loss of braking

action. This proposed rule would state that failures,

malfunctions, or defects that result in any reduced braking are

events that are required to be reported, excluding aircraft

braking component malfunctions, defects, or dis.crepancies that

are def.errable according to the Minimum Equipment List as

provided for in§ 91.213~

Sections 121.703(a) (10), 125.409(a) (10), 127.313(a) (7), and 135.415 (a) (10)

Proposed §· 121. 703 (a) (10), 125 .409 (a) (10), 127. 313 (a) (7),

and 135.415(a) (10) would include the reporting of information

relating to aborted takeoffs. Currently, air carriers are not

required to report information on aborted or "rejected" takeoffs.

Limited information relating. to aborted takeoffs that result from

an accident or incident may be available through the FAA's

Accident/Incident Data- Subsystem or the National Transportation

Safety Board (NTSB). The proposed rule would require that

information on all aborted takeoffs after initiation of the

takeoff roll, resulting from a failure, malfunct_ion, or defect of

an aircraft component or system be reported to troubleshoot

problems that may have safety-of-flight implications.

In addition, the current regulations require reporting of

failures, malfunctions, or defects occurring in aircraft

components or systems that result in any emergency action taken

18

'.

during flight, excluding the shutdown of an aircraft engine. The

reference to excepting engine shutdowns in current

§§ 121.703(a) (16), 127.313(a) (12), and 135.415(a) (16) would not

be included in this proposed paragraph because the reporting of

failures, malfunctions, or defects involving any aircraft engine

shutdown would be required by proposed§§ 121.703(a) (5),

127.313(a) (5), and 135.415(a) (5), respectively.

Sections 121.703(a) (11). 125.409(a) (11). 127.313(a) (9) 1 and 135.415 (a) {11)

The proposed paragraphs would revise current

§ 121.703(a) (17) and redesignate it as§ 121.703(a) (11); add new

§ 125. 409 (a) ( 11) ; and revise current §§ 127. 313 (a) (9) and

135.415(a) (11). The proposed rule would state that a failure of

individual components that does not affect the operation of an

aircraft's emergency evacuation system or components, exit doors,

passenger evacuation lighting systems, or evacuation equipment

need not be reported. The proposed·rule also would state that

failures, malfunctions, or defects that are deferrable according

to the Minimum Equipment List as provided for in§ 91.213 need

not be re.ported. This proposed change would allow the exclusion

of an item failure, such as a·burned out light bulb, provide~

that such a failure would not affect the integrity of any of the

systems and components described above.

Sections 121.703{c), 125.409(c). 127.313(c). and 135.415(c)

The proposed rule_would revise current§§ 121.703(c),

127.313(c), and 135.415(c), and would add new§ 125.409(c).

These sections would extend the reporting requirements of a·

19

failure, malfunction, or defect in any aircraft to the aircraft,

aircraft systems, components, and powerplants. These items have

been added to require that reports of failures, malfunctions, or

defects that endanger safe aircraft operation must include those

that occurred throughout the aircraft as well as all of those

that involve the aircraft's subassemblies.

Sections 121.703(d}, 125.409(d} 1 127.313(d}, and 135.415(d}

Under the proposed rule, each report of the occurence or

detection of a failure or defect for a 24-hour period still would

be required to be submitted within 72 hours. However, this

proposed rule would revise the current requirements in

§§ 121.703(d), 127.313(d), and 135.415(d) by replacing the terms

"send," "mailed," or "delivered" with the term "submit." An

equivalent§ 125.409(d) would also be added that revises the

reporting requirements currently found in § 125. 409 (b) .. This

change would ·allow for the use of other means, such as electronic

transmission via telephone facsimile or computer modem, to submit

reports to the FAA to increase the timeliness of rep~rting. In

addition, these proposed sections would change the location for

submitting reports from the FAA Flight Standards District Office

(FSDO) charged with the overall inspection of the certificate

holder to the location where the data base is maintained.

However, the certificate holder would be required to make the

operational difficulty report (ODR) data available to the FSDO

for examination within the time limits specified above in a form

and manner acceptable to the Administrator. This change would

20

allow PMI's to remain informed of ODR activity, improve the

timeliness of FAA processing of the data, and increase the data's

availability for analysis.

Currently, § 135.415(d) contains provisions for aircraft

operating in areas where mail is not collected, thereby

preventing submission within the required 72 hours. In such

cases, the reports are required to be submitted within 72 hours

after the aircraft returns to a point where mail is collected.

This provision also would be included in proposed§ 125~409(d)

because part 125 certificate holders often have remote operations

similar to certain part 135 certificate holders.

Sections 121.703(e). 125.409(e). 127.313(e). and 135.415(e)

These proposed sections would revise the current reporting

requirements of§§ 121.703(e), 127.313(e), and 135.415(e), and

would add new reporting requirements in proposed§ 125.409(e) to

ensure reporting consistency. Current requirements of.

§§ 121.703(e), 127.313(e), and 135.415(e) allow the certificate

holder to submit reports in a manner and form convenient to the

certificate holder. The proposed changes would standardize

reporting requirements and would explicitly provide for

electronic reporting.

Section 121.703(e) specifies that information detailed. in

paragraphs (e) (1) through (e) (6) is mandatory and that

information detailed in paragraphs (e) (7) through (e) (9) is

desirable additional information. A~ditional available

information may be submitted at a later date by resubmitting the

21

ODR under its original Operator Control number. This action

would provide the FAA with additional data. Using the original

Operator Control number would overwrite the original ODR with the

additional available data.

The FAA would require that the following additional

information be reported: aircraft serial number; station where

the discrepancy was detected; FAA-modified Air Transport

Association (ATA) Specification 100 code; and aircraf~ total time

and ta.tal cycles. A current reporting item, "type", has been

replaced by manufacturer and model. The addition of these items

would increase the effectiveness of operational difficulty

reporting. Iri addition, the FAA is developing a reporting form,

FAA Form No: 8070-2 (see Figure 1), to standardize reporting.

Reporting items that pertain to engine or component serial

numbers and the time since the last maintenance of a c.omponent

have been added to the reporting requirements. These items,

along with the current requirement to report the emergency

procedure e~fected, would be considered desirable information.

The reporting of this information would be beneficial; however,

collection of this information should not delay the submission of

new reports.

The proposed rule would delete current§§ 121.703(g) and

121.703(h); §§ 127.313(g) and 127.313(h); and§§ 135.415(g) and

135.415(h). Current§§ 121.703(g), 127.313(g), and 135.415(g)

contain provisions for air carriers to submit a report even when

all of the fnformation required is not available. Current

22

§§ 121.703(h) I 127.313(h) I and 135.415(h) contain provisions for

air carriers to submit supplemental reports when they obtain

additional report information. These paragraphs would be deleted

because proposed§§ 121.703(e), 127.313(e), and 135.415(e) would

require that the following information be included on all

reports: manufacturer, model, serial number, and identification

number of the aircraft; operator name; date; flight number;

station; stage of flight when the failure, malfunction, or defect·

occurred; the nature of the failure, malfunction, or defect; the

FAA-modified ATA code; and the aircraft total time and total

cycles. In addition, proposed§§ 121.703(d), 125.409(d),

127.313(d), and 135.415(d) would require that the report be

submitted within the 72-hour period. Therefore, the submission

of an incomplete report as currently permitted under

§§ 121.703(g), 127.313(g), and 135.415(g) would not meet the

intent of the proposed rule. Further, the provision for the

submission of any additional data as specified in current

§§ 121.703(h), 127.313(h), and 135.415(h) .would be unnecessary

and might add information to SDRS that is not safety related.

Sections ~21.703(f), 125.409(f) 1 127.313(f) 1 and 135.415(f)

Sections 121.703(f), 127.313(f), and 135.415(f) currently

state that certificate holders that also hold Type Certificates

(TC) (including Supplemental Type Certificates (STC)), Parts

Manufacturer Authorization (PMA), or Technical Standard Order

(TSO) .authorization, or who are licensees of TC, need not report

failures, malfunctions, or defects under these sections if the

23

failures are reported under§ 21.3 or under Part 830 of the NTSB

regulations. An equivalent§ 125.409(f) would be added to

provide consistency with parts 121, 127, and 135. In addition,

§§ 121.703(f), 127.313(f), and 135.415(f) would be revised by

deleting an obsolete reference to§ 37.17. Part 37 was removed

effective September 9, 1980.

Sections 121.703(g), 125.409(g), 127.313(g), and 135.415(g)

These proposed paragraphs would allow part 121, 125, 127,

and 135 certificate holders to delegate to a certificated

domestic or foreign repair station the task of reporting a

failure, malfunction, or defect discovered by the repair station.

Currently, when a repair station finds a failure, malfunction, or

defect, this information is reported by both the repair station

under§ 145.63(a) or§ 145.79(c), as appropriate, and the

part 121, 125, 127, or 135 certificate holder. Therefore,

information about the same problem is reported twice to the FAA.

The proposed revision is intended to eliminate these duplicate

reports. However, the certificate holder would not be relieved

of the responsibility to ensure that these reports are submitted.

The proposed rule would require that the part 121, 125, 127, or

135 certificate holder receive a copy of the report submitted by

the repair station.

24

Sections 121.704(a) (1). 125.410(a) (1). 127.314(a) (1), and 135.416(a} (1)

The proposed rule would revise and incorporate the reporting

requirements relating to defects in aircraft structures of

current§§ 121.703(a)(l4) and 121.703(a)(l5) into

§ 121.704(a)(l); of current§§ 127.313(a)(l0} and 127.313(a)(ll)

into§ 127.314(a)(l); and of current§§ 135.415(a)(14) and

135.415(a) (15) into§ 135.416(a) (1). An equivalent

§ 125.410(a) (1) also would be added. Proposed§§ 121.704(a) (1),

125.410(a) (1), 127.314(a) (1), arid 135.416(a) (1) would contain·

provi~ions for reporting information·relevant to structural

defects of aging aircraft and corrosion protection. The required

reporting would focus on discrepancies found in primary structure

or principal structural elements relating to corrosion that

exceed the manufacturer's Maintenance Manual (MM) allowable

limits. (As used in this paragraph, the MM includes the

aircraft's Structural Repair Manual and other manufacturer's

documents, which set forth maintenance requirements.)

Sections 121.704(a) (2), 125.410 (a) (2), 127.314(a) (2), and 135. 416 (a1 (2)

These proposed sections would revise the reporting

requirements for parts 121, 127, and 135, and would add reporting

requirements for part 125, for.cracks detected only in a primary

structure or principal structural element that require the repair

or repl.acement of the structur.al element. Currently,

§§ 121.703(a)(15), 127.313(a)(ll), and 135.415(a)(l5) require

reporting of all cracks in aircraft structures even if the

25

location and size of the crack do not have safety-of-flight.

implications.

Sections 121.704(a} (3}, 125.410(a) (3), 127.314(a} (3}, and 135.416 (a} (3)

These proposed sections would include a reporting

requirement for the detection of disbanding of any primary

structure or principal structural element. Currently, air

carriers may report disbanding in accordance with§§ 121.703(c),

127.313(c), or 135.415(c); however, this requirement should be

explicit because reporting of disbanding defects is necessary in

the early identification of safety-of-flight issues associated

with aging aircraft.

Sections 121.704(a} (4), 125.410(a) (4) 1 127.314(a) (4) 1 and 135.416 (a} (4)

These proposed sections would require air carriers to report

failures or defects of primary structure or principal structural

elements when data developed by a Designated Engineering

Representative (DER), under SFAR-36, or other approved repair

data that is not found in the manufacturer's MM is used to

accomplish the repair.

Some air carriers are uncertain about whether the subsequent

detection of the same failure or defect must be reported when the

failure or defect was repaired using DER, SFAR-36, or other

approved non-MM repair data. The proposed rule would explicitly

require that air carriers shall report each and every occurrence

of a failure or defect repaired in accordance with DER-approved

or other non-MM repair data.

26

Some Part 135 aircraft may not have SRM's. Repairs

accomplished within the limits of S~'s or MM are not reportable.

Repairs developed outside these approved data sources are

reportable whether the accepted or approved data is developed by

a DER, under SFAR 36, or other approved repair data.

Sections 121.704(a) (5), 125.410(a) (5), 127.314(a) (5), and 135 .416 (a) (5)

These proposed sections would require the collection of

information on any discrepancies found in primary structure or

principal structural elements comprised of composite materials.

The specific reporting of failures and defects of new an9

·emerging technologies used in the manufacturing of aircraft

structures is necessary in the early identification and

resolution of problems that may have an adverse affect on safety.

Sections 121.704(b), 125.410(b), 127.314(b), and 135.416(b)

The proposed sections would require that in addition to the

reports required by proposed§§ 121.704(a), 125.410(a),

127.314(a), and 135.416(a), certificate holders would be required ..

to report any other failure or defect that occurs or is detected

in an aircraft structure if, in the opinion of the certificate

holder, the failure or defect has endangered or.may endanger the

safe operation of any aircraft.

Sections 121.704(c), 125.410(c), 127.314(c), and 135.416(c)

These proposed sections would relieve the certificate holder

of the requirement to report discrepancies once a structural . . .

problem has been recognized by either an Airworthiness Directive

(AD) or a manufacturer's Service Bulletin, provided that the

27

failure or defect falls within allowable published limits and

restoration of the structure can be accomplished without

modification of the published repair data. However, a

requirement to continue to report known problems that have

resulted in the issuance of an AD could be included as a part of

the AD. Currently, the continued reporting of structural

problems for which manufacturer repair data has been developed

and published is saturating the SDRS. The continued reporting of

known problems places an unnecessary reporting burden on air

carriers and may impede the analysis and identification of new

problems.

Sections 121.704(d), 125.410(d). 127.314(d). and 135.416(d)

These proposed sections would require that each report be

submitted to the location where the data base is maintained

within the required reporting period. Currently, Service

Difficulty Reports are submitted to the FAA FSDO charged with the

overall inspection of the certificate holder. Howeyer, under the

proposal, -~he certificate holder would be required to make the

SDR data available to the FSDO ·for examination within the time

limits specified above in a form and manner acceptable to the

Administrator. This would allow PMI's to remain informed of SDR

activity, improve the timeliness of FAA processing of the data,

and increase the data's availability for analysis. This proposed

section also would allow for the use of other means, such as

elect~onic transmission via telephone facsimile or computer

28

modem, to submit reports to the FAA to increase the timeliness of

reporting.

Proposed§§ 125.410(d) and 135.416(d) would include

provisions for aircraft operating in areas where mail is not

collected, thereby preventing submission within the required

72 hours. In such cases, the reports would be required to be

submitted within 72 hours after the aircraft returns to a point

where mail is collected.

Sections 121.704(e). 125.410(e), 127.314(e). and 135.416(e)

Under the proposed rule, reports of structural problems

would require information on: manufacturer, model, serial

number, and registration number of the aircraft; operator name;

nature of failure or defect and its location; FAA-modified ATA

code; aircraft total time and cycles; and the date and station

where the certificate holder found the discrepancy. Optional

information would include the identification of the

manufacturer's part number or the serial number of the part or

component and the time since the last maintenance overhaul,

repair, or inspection. To promote standardized reports, the FAA

is currently revising a reporting form, FAA Form No. 8070-3 (see

figure 2).

Sections 121.704(f), 125.410(f), 127.314(f), and 135.416(f)

These proposed sections would include the current provisions

of§§ 121.703(f), 127.313(f), and 135.415(f), which relieve a

holder of a Type Certificate, Supplemental Type Certificate, PMA,

~r ~ TSO authorization or the licensee of a Type Certificate from

29

reporting any failure, malfunction, or defect under this section

if reports are submitted on the same failure, malfunction, or

defect under§ 21.3 or under the accident reporting provisions of

Part 830 of the NTSB regulations. Proposed§ ·125.410(f) would

include a similar provision.

Sections 121.704(g), 125.410(g), 127.314(g). and 135 .. 416(g)

These proposed sections would allow part 121, 125, 127, and

135 certiiicate holders to delegate to a certificated repair

station the task of reporting the detection of a failure,

malfunction, or defect discovered by the repair station.

Currently, when a repair station finds a failure, malfunction, or

defect, this information is reported by both the repair station

under§ 145.63(a) or§ 145.79(c), as appropriate, and the

part 121, 125, 127, or 135 certificate holder. This propo~ed

section would eliminate duplicate reporting of the same failures

or defects but would not relieve the certificate holder of the.

responsibility for ensuring that the report is submitted to the

FAA. In addition, the proposed rule would require t~at the

certificate holder receive a copy of the.report submitted by the

repair station.

Sections 121.705. 127.315, and 135.417

Under the proposal~ §§ 121.705(a), 127.315(a), and

135. 417 (a) would remain in effect, requiring that operators.

report to the Administrator interruptions to flights, unscheduled

changes of aircraft en route, or unscheduled stops or diversions

from routes, caused by known or suspected mechanical difficulties

30

or malfunctions that are not required to be reported under

-proposed§§ 121.703 and 121.704, 127.313 and 127.314, and 135.415

and 135.416, respectively. The requirements of current

§§ 121.705(b) and (c), 127.315(b), and 135.417(b) would be

deleted because this is reliability data and does not have

safety-of-flight implications. In addition, these items

currently are required to be monitored under§ 121.373, 127.136,

and 135.431.

Sections 125.409(b) and 127.313(b)

Under the proposal, § 127.313(b) would be corrected to state

that, for the purposes of this section, during flight means the

period from the moment the helicopter leaves the surface of the

earth on (rather than "or") takeoff until it touches down on

landing. An equivalent paragraph wou·ld also be added to

§ 125 .409 (b).

Section 127 .313 (a) (8)

The proposed rule would redesignate current§ 127.313(a) (13)

as§ 127.313(a) (8). This paragraph .concerns main rotor and

auxiliary rotor systems.

Sections 145.63 and 145.79

The proposed rule would.revise§§ 145.63 and 145.79 to allow

certificated domestic and fore.ign repair stations, respectively,

to be delegated by a part 121; 125, 127, or 135 certificate

holder to submit operational ~nd structural difficulty reports to

the FAA on behalf of the certificate holder. A repair station

would submit these reports, as delegated, when it discovers a

31

--- -~ ~-------------

defect or unairworthy condition of an aircraft, powerplant,.

propeller, or any component thereof. When a certificated repair

station submits a report for a part 121, 125, 127, or 135

certificate holder, the repair station would not be required to

submit a separate report under§§ 145.63(a) or 145.79(c), as

appropriate.

Currently, when a certificated repair station finds a defect

or unairworthy condition, the repair station and the part 121,

125, 127, or 135 certificate holder report the condition or

defect to the FAA. The proposed rule would require that only one

report be submitted in such circumstances.

Paperwork Reduction Act Approval

The burden associated with parts 121, 125, 127, 135, and 145

of the Federal Aviation Regulations has been appr_-oved by OMB

under control numbers 2120-003, 2120-008, 2120-0010, 2120-0039,

and 2120-0085.

This NPRM proposes only to clarify the reporting burden.

The clarification may cause a reduction in burden, because it may

lead to a reduction in redundancy of reporting. Some 125

certificate holders may have a slight reduction in reporting.

There are no additional reporting requirements associated with

this proposed rule.

Regulatory Evaluation Summary

Executive Order 12866 established the requirement that,

within the extent permitted by law, a Federal regulatory action

may be undertaken only if the potential benefits-to society for

32

the regulation outweigh the potential costs to society. In

response to this requirement, and in accordance with Department

of Transportation (DOT) policies and procedures, the FAA has

estimated the anticipated benefits and costs of this rulemaking

action. The FAA has determined that this proposed rule is not a

"significant rulemaking action," as defined by Executive Order

12866. (Regula_tory Planning and Review), and is not considered

significant under DOT Order 2100.5, Policies and Procedures for

Simplification, Analysis, and Review of Regulations. The

anticipated costs and benefits associated with this proposed rule

are stated below.

The total number of reports submitted to the FAA is not

expected to change substantially. Although more specific and

detailed reports will generally be required, the clarification of

reporting requirements should expedite the reporting process.

Therefore, the costs of complying with the proposed rule change

are not expected to differ significantly from the costs of

complying with the present requirements. Increases in the volume

of some types of reports are expected to be offset by decreases

in the volume of other types of reports. New requirements to

report on-ground incidents that may have implications for flight

safety and those pertaining to aging aircraft issues should

increase the_volume of reports. Other provisions, however, such

as the elimination of duplicate· reporting by the air carriers and

repai~ stations and the elimination of reports involving issues

of reliability (e-.g., unscheduled stops or diversions from

33

routes), would reduce the number of required reports. In

addition, Part 125 operators would not be required to report as

many incidents as is currently required. The FAA believes that

the increased and decreased reporting requirements are offsetting

but invites comments from the public regarding the validity of

this assumption.

The purpose of the proposed rule is to enhance air carrier

safety by clarifying and standardizing reporting requirements and

facilitating the timely flow of information to the FAA. These

data identify mechanical problems that may be a serious hazard to

the operation of an aircraft. The information collected would be

used to develop corrective actions to eliminate the identified

problems. Increased standardization of these reports should make

it easier for FAA personnel to interpret their significance,

thereby reducing the number of manhours devoted by the FAA to

processing and interpreting the information gleaned from these

reports.

One major safety benefit would result from the clarification

of reporting requirements that specifically address structural . .

defects normally associated with aging aircraft. Another benefit.

·would derive from the new requirement that air carriers report

problems that occur during ground operations that could affect

flight safety.

The proposed rule would also explicitly permit the

submission of the required reports in an electronic form.

Electronic submission of data will give the FAA more timely

34

information, thereby permitting earlier recognition of

significant trends. In addition, the allowance of electronic

reporting should reduce the processing and storage costs of the

air carriers. The costs of duplicating these reports, mailing

them to the FAA, and record-keeping should all be reduced.

Because of the negligible nature of many of these processing

costs, however, any cost-savings should be quite minor. In

addition, the need for FAA-compatible equipment/software may

dilute some of these cost-savings, at least initially. The FAA

invites comments from the industry regarding the potential

magnitude of these cost-savings.

REGULATORY FLEXIBILITY DETERMINATION

The Regulatory Flexibility Act of 1980 (RFA) _was enacted by

Congress to ensure that small entities are not unnecessarily and

disproportionately burdened by government regulations. The RFA

requires agencies to review rules that may have a "significant

economic impact on a substantial number of small entities."

Under FAA Order 2100.14A, the criterion for a "substantial

impact" is a number that is not less than 11 and that is more

than one-third of the small entities subject to the rule. For

operators of aircraft for hire, a small operator is one that

owns, but not necessarily operates, n.ine or fewer aircraft. The

FAA's criterion for a "significant impact" is $116,300 or more

per year for a scheduled operator whose entire fleet has a

seating capacity of 60 seats or more, $65,000 for a scheduled

35

operator with a fleet including smaller aircraft, and $4,600 or

more for an unscheduled operator.

Any incremental costs or cost-savings per operator are

likely to be nominal, however, for reasons previously noted. The

FAA has therefore determined that the proposed rule ·would not

have a significant impact on a substantial number of small

entities. The FAA solicits comments from the affected segment of

the aviation industry regarding the possible extent of any cost

impacts.

INTERNATIONAL TRADE IMPACT ASSESSMENT

The incremental costs and cost savings associated with the

proposed rule changes are not significant enough to result in

relative trade advantages to either U.S. or foreign entities.

Therefore, the FAA has determined that they would have no impact

on the sale of foreign products domestically, or the sale of U.S ..

products in foreign markets.

Federalism Implications

The regulations proposed herein will not have substantial

direct effects on the States, on the relationship between the

national government and the States, or on the distribution of

power and responsibilit.ies among the various levels of

government~ Therefore, in accordance with Executive Order .12612,

it is determined that this ,proposed rule would not have

sufficient federalism implications to warrant the preparation of

a Federalism Assessment.

36

Conclusion

For the reasons discussed in the preamble, and based on the

findings in the Regulatory Flexibility Determination and

International Trade Impact Analysis, the FAA has determined that

this proposed regulation is not a significant regulatory action

under Executive Order 12866.- In addition, the FAA certifies that

this proposal, if adopted, will not have a significant economic

impact, positive or negative, ~n a substantial number of small

entities under the criteria of the Regulatory Flexibility Act.

This proposal is not considered significant under DOT Order

2100.5, Policies and Procedures for Simplification, Analysis, and

Review of Regulations. The FAA has determined that a separate

regulatory evaluation is not needed for this proposal, and all.

information related to the costs and benefits, including an

initial Regulatory Flexibility Determination and an International

Trade Impact Analysis, is included in this document under the

heading "Regulatory Evaluation Summary."

List of Subjects

14 CFR Part 121

Air carriers, Aircraft, Aviation safety, Reporting and

recordkeeping requirements, Safety, Transportation.

14 CFR Part 125

Aircraft,-Aviation safety, Reporting and recordkeeping

requirements, Safety.

37

r.

14 CFR Part 127

Air carriers, Aircraft, Aviation safety, Helicopters,

Reporting and recordkeeping requirements.

14 CFR Part 135

Air taxis, Aircraft, Aviation safety, Reporting and

recordkeeping requirements.

14 CFR Part 145

Aircraft, Aviation safety, Reporting and recordkeeping

requirements.

The Proposed Amendment

In consideration of the foregoing, the Federal Aviation

Administration proposes to amend 14 CFR parts 121, 125, 127, 135,

and 145 of the Federal Aviation Regulations as follows:

Part 121- -CERTIFICATION AND OPERATIONS: DOMESTIC·, FLAG, AND SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE AIRCRAFT

1. The authority citation for part 121 continues to read as

follows:

Authority: 49 U.S.C. app~ 1354(a), 1355, 1356, 1357, 1401,

1421-1430, 1472, 1485, and 1502; 49 U.S.C. 106(g).

2. Section 121.703 is amended by revising the title and

paragraphs (a) (1) through (a) (12) and paragraphs (c), (d), (~),

( e) ( 1) , ( e) ( 3) , ( e) ( 7) through ( e) ( 9) , ( f) , and ( g) ;

redesignating paragraphs (a) (11), (a) (12), (e) (4), and (e) (5) as

paragr?l,phs (a) (7), (a) (8), (e) (8), and (e) (4), respectively; and

38

removing paragraphs (a) (13) through (a) (17), (e) (10), and (h), to

read as follows:

§ 121.703 Operational difficulty reports.

(a) * * *

(1) Any fire and, when monitored by a related fire-warning

system, whether the fire-warning system functioned properly;

(2) Any false fire or smoke warnings that require the use

of abnormal or :emergency procedures;

(3) An engine exhaust system that causes damage to the

engine, adjacent structure, equipment, or components;

(4) An aircraft component that causes the accumulation or

circulation of smoke, vapor, or toxic or noxious fumes requiring

the use of abnormal or emergency procedures;

(5) Any engine flameout or shutdown during ground or flight

operations, excluding intentional engine shutdowns during such

operations (e.g., flight crew training, test flights, or while

taxiing to reduce fuel consumption);

(6) A propeller feathering system or ability of the system

to control·overspeed;

(7) A fuel or fuel-dumping system that affects fuel flow or

.causes hazardous leakage during flight;

(8) A landing gear extension or retraction or the opening

or closing of landing gear doors during flight;

(9) Any brake system component that results in any

detectable loss of brake actuating force when the aircraft is in

motion on the ground, excluding failures, malfunctions, or

39

defects that are deferrable according to the Minimum Equipment

List as provided for in§ 91.213;

(10) Any aircraft component or system that results in

aborted takeoffs after initiation of the takeoff roll or the

taking of abnormal or emergency actions during flight; and

(11) Any emergency evacuation system or component inc.luding

any exit door, passenger emergency evacuation lighting system, or

evacuation equipment that is found to be defective, or that fails

to perform the intended function during an actual emergency or

during training, testing, maintenance, demonstrations, or

inadvertent deployments, excluding failures, malfunctions, or


List as provided for in§ 91.213.

(b) * * *

(c) In addition to the reports required by paragraph (a) of

this section,· each certificate holder shall report any other

failure, malfunction, or defect in an aircraft, system,

component, or powerplant that occurs or is detected at any time

if, in its opinion, that failure, malfunction, or defect has

endangered or may endanger the safe operation of an aircraft.

(d) Each certificate holder shall submit each report

required by this· section, covering each 24-hour period beginning

at 0900 local time of each day and ending at 0900 local time on

the next day, to the location where the data base is maintained.

Each certificate holder also shall make the report data available

for examination by the Flight Standards District Office charged

40

with the overall inspection of the certificate holder in a form

and manner acceptable to the Administrator. Each report of

occurrences during a 24-hour period shall be submitted to the FAA

within the next 72 hours. However, a report that is due on

Saturday or Sunday may be submitted on the following Monday, and

one that is due on a holiday may be submitted on the next work ·

day.

(e) The certificate holder shall submit the reports

required by this section in an electronic form or another form,

acceptable to the Administrator. The reports shall include the

information listed in paragraphs (e) (1) through (e) (6) and should

include as much information that is available for paragraphs

(e) (7) through (e) (9):

(1) Manufacturer, model, serial number, and registration

number of the aircraft.

(2) The name of the operator.

(3) The date; flight number; station where the failure,

malfunction, or defect was detected; and the stage during which·

the failure, malfunction, or defect occurred (e.g., preflight,

taxi, takeoff, climb, cruise, descent, approach, landing, or

inspection).

( 4) The nature of the failure, :malfunction, or defect. ···

(5) The applicable FAA modified Air Transport Association

Specification 100 code (ATA code).

(6) The aircraft total time and total.cycles.

(7) The engine or component serial number.

41

(8) The emergency procedure effected.

(9) Identification of the part and system involved,

including available information pertaining to type designation of

the major component and the time since the last maintenance

overhaul, repair, or inspection.

(f) A certificate holder that is also the holder of a Type

Certificate (including a Supplemental Type Certificate), a Parts

Manufacturer Approval (PMA), or a Technical Standard Order (TSO)

authorization, or that is a licensee of a Type Certificate, need

not report a failure, malfunction, or defect under this section

if the certificate holder has reported the failure,- malfunction,

or defect under§ 21.3 of this chapter oi under the accident

reporting provisions of part 830 of the regulations of the

National Transportation Safety Board.

(g) The reports required by this section may be submitted

by a certificated repair station when the reporting task has been

delegated to it by a part 121 certificate holder. However, the

responsibility for ensuring compliance with the provisions of

this section may not be delegated by th~ part 121 certificate

holder. The part 121 certificate holder must receive a copy of

each report.

3.

§ 121.704

{a)

Section 121.704 is added to read as follows:

Structural difficulty reports.

Each certificate holder shall report the occurrence or

detection of each failure or defect of each primary structure or

principal structural element, as defined in the manufacturer's

. 42

Maintenance Manual (which includes the aircraft's Structural

Repair Manual and other manufacturer's documents that set forth

maintenance requirements), related to--

(1) Corrosion that requires rework or blendout that exceeds

the manufacturer's MM allowable limits and requires a repair or a

complete or partial replacement of a primary structure or

principal structural element;

(2) Cracks that require a repair or a complete or partial

replacement of a primary structure or principal structural

element;

(3) Disbonding that requires a repair or a complete or

partial replacement of a primary structure or principal

structural element;

(4) Failures or defects repaired in accordance with

Designated Engineering Representative (DER) data or other

approved data not contained in the manufacturer's MM; and

(5) Any crack, fracture, or delamination of a primary

structure or principal structural element composed of composite

materials.

(b) In addition to the ~eports required by paragraph (a) of

this section, each certificate holder shall report any other

failure or defect in aircraft .structure that occurs or is

detected at any time if, in its opinion, that failure or defect

has endangered or may endanger the safe operation of any

aircraft.

43

(c) Reporting of any failure or defect pursuant to

paragraphs (a) or (b) found after the issuance of an

Airworthiness Directive or after the issuance of a manufacturer's

Service Bulletin resulting from a failure or defect is not

required, provided that the failure or defect falls within

allowable published limits and restoration of the structure can

be accomplished without modification of the published repair

data.


required by this section covering each 24-hour period beginning

at 0900 local time of each day and ending at 0900 local time on

the next day, to the location where the data base is maintained.

Each certificate hold.er also shall make the report data available

for examination by the Flight s·tandards District Off ice charged

with the overall inspection of the certificate holder in a form

and manner acceptable to the Administrator. Each report of

occurrences during a 24-hour period shall be submitted to the FAA

within the next 72 hours. However, a report that is due on

Saturday or Sunday may be submitted on the following Monday, and

one that is due on a holiday may be submitted on the next work

day.


required by this section in an electronic form or another form,

acceptable to the ~dministrator. The reports shall include the

following information listed in paragraphs (e)l through (e)6 and

44

should include as much information that is available for

paragraph (e) (7):




(3) The nature of the failu~e or defect and its location.

-(4) The FAA-modified Air Transport Association


(5) The aircraft total time and cycles.

(6) The date and station where the failure or defect was

discovered.

(7) Identification of the part or component involved

(e.g., manufacturer's part number and serial number) and the time

since the last maintenance overhaul, repair, or inspection.


Certificate tincluding a Supplemental Type Certificate), a Parts

Manufacturer Approval (PMA), or a TSO authorization, or that is a

licensee of a Type Certificate, need not report a failure,

malfunction, or defect under this section if th~ certificate

holder has reported the failure, malfunction, or defect under

§ 21.3 of this chapter or under the accident reporting provisions

of part 830-of the regulations of the National Transportation_

Safety Board.

(g) The reports required by this section may be submitted

by a certificated repair station when the reporting task has been.

delegated to it by the part 121 certificate holder. However, the

45

responsibility for ensuring compliance with the provisions of

this section may not be delegated by the part 121 certificate

holder. The part 121 certificate holder must receive a copy of

each report.

4. Section 121.705 is amended by combining the introductory

text and paragraph (a}, and by deleting paragraphs (b} and (c},

to read as follows:

§ 121.705 Mechanical interruption summary report.

Each certificate holder shall regularly and promptly submit

a summary report to the Administrator following each interruption

to a flight, unscheduled change of aircraft en route, or

unscheduled stop or diversion from a route, caused by known or

suspected mechanical difficulties or malfunctions that are not

required to be reported under§§ 121.703 or 121.704.

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A

SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD

CAPACITY OF·6,000 POUNDS OR MORE

5. The authority citation for part 125 is revised to read

as follows:

Authority: 49 U.S.C. app. 1354, 1421 through 1430, and

1502; 49 u.s.c. 106(g)

6. Section 125.409 is amended by revising the title,

revising paragraphs (a) and (b), and adding paragraphs (c)

through (g) as follows:.

46

------------ - ----

§ 125.409 Operational difficulty reports

(a) Each certificate holder must report the occurrence or

detection of each failure, malfunction, or defect in an aircraft

concerning--




of abnormal or emergency procedures;

(3) An engine exhaust system that causes damage to an


(4) An aircraft component that causes the accumulation or





operations (e.g., flight crew training, test flights, or taxiing

to reduce fuel consumption);


to control overspeed;

(7) · A fuel or fuel dumping system that affects fuel flow or

causes hazardous leakage during flight;

(8) A landing gear.extension or retraction or the opening


(9) Any brake system component that re.sults in any



47



(10) Any aircraft component or system that results in



(11) Any emergency evacuation system or component including





inadvertent deployments, excluding failures, malfunctions, or



(b) For the purposes of this section, during flight means

the period from the moment the aircraft leaves the surface of the

earth on takeoff until it touches down on landing.


this section, each certificate holder must _report any other

failure, malfunction, or defect in an ai:i;:-craft, system,

component, or powerplant that occurs or is detected at any time


endangered or may endanger the safe operation of an.aircraft it

(d) Each certificate holder must submit each report

requir.ed by this section as prescribed in paragraphs (a)· and (c),

covering each 24-hour period beginning at 0900 local time of each

48

day and ending at 0900 local time on the next day, to the

location where the data base is maintained. Each certificate

holder also must make the report data available for examination

by the Flight Standards District Office charged with the overall

inspection of the certificate holder in a form and manner

acceptable to the Administrator. Each report of occurrences

during a 24-hour period shall be submitted to the FAA within the

next 72 hours. However, a report that is due on Saturday or

Sunday may be submitted on the following Monday, and one that is

due on a holiday may be submitted on the next work day. For

aircraft operating in areas where mail is not collected, reports

may be submitted within 72 hours after the aircraft returns to a

point where mail is collected.


required by this section in an electronic form or another form

acceptable to the Administrator. The reports shall include the

following information in items 1 to 6 and should include as much

information that is reasonably available for items 7 to 9:

(1) · Manufacturer, model, serial number, and registration


( 2) The name of the ope.ra tor.

(3). The date; flight number; station where the failure,

malfunction, or defect was detected; and the stage during wh~ch

the failure, malfunction, or Qefect occurred (e.g., preflight,


inspection).

49

(4) The nature of the failure, malfunction, or defect ..

(5) The applicable FAA-modified Air Transport Association


(6) The aircraft total time and total cycles.

(7) The eng_ine or component serial number.

(8) The emergency procedure effected (e.g., unscheduled

landing and emergency descent).







Manufacturer Approval (PMA), or a Technical Stan~ard Order (TSO)

authorization or that is a licensee of a Type Certificate need

not report a ·failure, malfunction, or defect under this section

if it has reported the failure, malfunction, or defect under

§ 21.3 of this chapter or under the accident reportiag provisions

of part 830 of the regulations of the National Transportation

Safety Board.

(g) Reports prescribed in paragraph (e) of this section may

be submitted by a certificated repair station when the reporting

task has been delegated by a part 125 certificate holder, under

the provisions of§§ 145.63(d) (2) or 145.79(e) (2) of this

chapter. However, the responsibility for ensuring compliance

with the provisions of this section may not be delegated by the

50

part 125 certificate holder. The part 125 certificate holder

must receive a copy of each report ..

7. Section 125.410 is added to read as follows:

§ 125.410 Structural difficulty reports

(a) Each certificate holder shall report the occurrence or


principal structural element, as defined in the manufacturer's



maintenance requirements) related to--


the manufacturer's Maintenance Manual (MM) al.lowable limits and

requires a repair or a complete or partial replacement of a

primary structure or principal structural element;



element;

(3) Disbanding that requires a repair or a complete or


structural element;




(5) 'Any crack, fracture, or delamination of a primary


materials.

51

(b) In addition to the reports required by paragraph (a) of

-this section, each certificate holder shall report any other

failure or defect in aircraft structure that occurs or is


has endangered or may endanger the safe operation of any aircraft

it uses.

{c) Reporting of any failure or defect pursuant to







data.


required by this section, as prescribed in .paragraphs (a) and

(b), covering each 24-hour period beginning at 0900 ~ocal time of

each day and ending at 0900 local time on the next day, to the


holder also shall make the report data available for· examination

·by the Flight Standards District Office charged with the overall

inspection of the certificate holder in a form and manner




Sunday may be submitted on.the following Monday, and one that is

52

-r




point ·where the mail is collected.

(e) The certificate holder must submit the reports required

by this section in an electronic form or another form acceptable

to the Administrator. The reports must include the following

information in items 1 to 6 and should include as much

information that is reasonably available for item 7:




(3) The nature of the failure or defect and .its location.

(4) The FAA-modified Air Transport Association


(5) The aircraft total time and cycle~.


discovered.


(e.g. , manufacturer's part number and serial number) and the time

since the last maintenance overhaul, repair, or inspection.



Manufacturer Approval (PMA), or a Technica~ Standard Order (TSO)


not report a failure, malfunction,. or defect under this section

53

if it has.reported the failur~, malfunction, or defect under



Safety Board.



task has been delegated by the part 125 certificate holder under

the provisions of §§ 145. 63 (d) (2) or 145. 79 (e) (2) of this




must receive a copy·of each report.

Part 127--CERTIFICATION AND OPERATIONS OF SCHEDULED ·AIR CARRIERS WITH HELICOPTERS

8. The authority statement for part 127 continues to read as follows:

Authority: 49 U.S.C. app. 1354(a), 1421, 1422, 1423, 1424, 1425, 1430; 49 u.s.c. 106(g).


paragraphs (a) (1) through (a) (11) and paragraphs (b), (c), (d),

( e ) , ( e ) ( 1 ) , ( e ) ( 3 ) , ( e ) ( 5 ) , ( e ) ( 6 ) , ( e ) ( 7 ) , ( f ) and ( g ) ;

redesignating paragraphs (a) (13), (e) (4), and (e) (5) as

paragraphs (a) (8), (e) (.8), arid (e) (4), respectively; revising

paragraph (e) (6) and redesignating it as (e) (9); and removing

paragraphs (a) ( 12) , (a) ( 13 ). , and (h) to read as follows:

54

§ 127.313 Operational difficulty reports.

(a) * * *







(4) A helicopter compone~t that causes the accumulation or




operations, excluding intentional engine shutdowns.during such

operations (e.g., flight crew training, test flights, or taxiing


(~) A fuel or fuel dumping system that affects fuel flow or


(7) Any helicopter component or system that results in

aborted takeoffs after initiation of the takeoff or the taking of

abnormal or emergency action~ during flight;

( 8) Main rotor or auxi·liary rotor system; and



evacuation equipment that is.found to be defective, or that fails



55

·. inadvertent deployments, excluding failures, malfunctions, <;>r



(10) A landing gear extension or retraction, or the opening




motion on the ground.

(b) For the purposes of this section during flight means

the period from the moment the helicopter leaves tne surface of

the earth on takeoff until it touches down on landing.


this section, each air carrier shall report any other failure,

malfunction, or defect in a helicopter, system, component, or

powerplant that occurs or is detected at any time if, in the air

carrier's opinion, the failure, malfunction, or defect has

endangered or may endanger the safe operation of the helicopter

it uses.

(d) Each air carrier shall submit each report required by

this section as prescribed in paragraphs (a) and-(c), covering

each 24-hour period beginning at 0900 local time of each day and

ending at 0900 local time on the next day, to the location where

the data base is maintained. Each certificate holder also shall

make the report data available for examination by the Flight

Standards District Office charged with the overall inspection of

the certificate holder in a form and manner acceptable to the

56

Administrator. Each report of occurrences during a 24-hour

period shall be submitted to the FAA within the next 72 hours.

However, a'report that is due on Saturday or Sunday may be

submitted on the following Monday, and one that is due on a

holiday may be submitted on the next work day.

(e) The air. carrier shall s'Ubmit the reports required by

this section in an electronic form or another form acceptable to

the Administrator. The reports shall include the following

information in items 1 to 6 and should include as much



number of the helicopter.

(2) The name of the air carrier.

(3) The date; flight number; station where the failure,

malfunction, or defect was detected; and the stage during which


taxi, takeoff, climb, cruise, descent, landing, or inspection).

(4) The nature of the failure, malfunction, or defect.



(6) The helicopter total time and total cycles.






57

--l






authorization, or that is a licensee of a Type Certificate,. need





Safety Board.



task has been delegated by a part 127 air carrier, under the

provisions of§§ 145.63(d) (3) or 145.79(e)·(3) of this chapter.

However, the responsibility for ensuring compliance with the

provisions of this section may not be delegated by tpe part 127

air carrier. The part 127 air carrier must receive a copy of

each report.



(a) Each air carrier shall report the occurrence or


principal structural element as defined in the manufacturer's


58

Repair Manual and other manufacturer's documents that set fo+th



the manufacturer's Maintenance Manual (MM) allowable limits and





element;

(3) Disbanding that requires a repair or a complete or


structural element;




(5) Any crack, fracture, or delamination of a primary


materials.


this section, each air carrier shall report any other failure or

defect in helicopter structure that occurs or is detected at any

time if, in its opinion, that failure'or defect has endangered or

may endanger the safe operation of any helicopter it uses.

(c) Reporting of any failure or defe~t pursuant to



59





data.

(d) Each air carrier shall submit each report required by

this section, as prescribed in paragraphs (a) and (b), covering

each 24-hour period beginning at 0900 local time of each day and

ending at 0900 local time on the next day, to the location where

the data base is maintained. Each certificate holder also shall

make the report data available for examination by the Flight

Standards District Office charged with the overall inspection of

the certificate holder in a form and manner acceptable to the

Administrator. Each report of occurrences during a 24-hour·

period shall be submitted to the FAA within the next 72 hours.

However, a report that is due on Saturday or Sunday may be

submitted on the following Monday, and one that is due on a

holiday may be·submitted on the next work day~·

{e) The air carrier shall submit t~e reports required by

this section in an electronic form or another form acceptable to

the Administrator. The reports shall include the following

information -in items 1 to 6 and should include as much

information that is reasonably availabie~·for item 7:

(1) Manufacturer, mod.el,. serial number, and registration

number of the helicopter.


60

(3) The nature of the failure or defect and its location.



(5) The helicopter total time and cycles.


discovered.


(e.g., manufacturer's part number and serial number) and the time

since the last maintenance over~aul, repair, or inspection.

(f) An air carrier that is also the holder of a Type



authorization or that is a licensee of a Type Certificate need.

not report a failure, malfunction, or.defect under this section




Safety Board.

(g) · Reports prescribed in paragraph (e) of this section may


task has been delegated by the part 127 air carrier under the

provisions of§§ 145.63(d) (3) or 145.79(e) (3) of this chapter.

However, the responsibility for ensuring compliance with the

provisions of this section may not be delegated by the part 127

air carrier. The part 127 air carrier shall receive a copy of

each report.

61

11. Section 127.315 is amended by combining the

introductory text and paragraph (a), and by deleting paragraph

(b) to read as follows:




to a flight, unscheduled change of aircraft en route, or

unscheduled stop or diversion from a route, caused by known or.



PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS

12. The authority citation for part 135 continues to read

as follows:

Authority: 49 U.S.C. app. 1354(a), 1355(a); 1421 through

1431, and 1502; 49 U.S.C. 106(g).


paragraphs (a) (1) through (a) (11), and paragraphs (c), (d), and

( e ) , ( e ) ( 1 ) , ( e ) ( 3 ) , ( e ) ( 5 ) , ( e ) ( 6 ) , ( e ) ( 7 ) , ( f ) , and ( g ) ;

redesignating paragraph (a) (11) as paragraph (a) (7); and revising

and redesignating paragraphs (a) (12) and (e) (5) as (a) (8) and

(e) (9) ,· respective_~y; and removing paragraphs (a) (12) through

(a) (16) and paragraph (h) to read as follows:

135.415 Operational difficulty reports

(a) * * *

62


system, whether the fire-warning sy~tem functioned properly;




engine, adjacent structure, equipment or components;

(.4) An aircraft component that causes the accumulation or





operations (e.g. flight crew training, test flights, or taxiirig



to control overspeed;

(7) A fuel or fuel-dumping system that affects fuel flow or


(8) A landing gear extension or retraction or the opening·

or closing ·of landing gear doors during flight;






63

(10) Any aircraft component or system that results in -




any exit door,. passenger emergency evacuation lighting system, or




inadvertent deployments, excluding failures, malfunctions, -or



(b) * * *



failure, malfunction, or defect in an aircraft, system,

component, or powerplant that occurs or is.detected at any time


endangered or may endanger the safe operation of an aircraft it

uses.

(d) Each certificate holder shall submit each ·report

· r_equired by this section as prescribed in paragraphs (a) and (c),

covering each 24-hour period beginning at 0900 local time of each

day and ending at 0900 local time on the next day, to the


holder also shall make the report-·data available for examination


64

inspection of the certificate holder in a form arid manner








point where mail is collected.



acceptable to the Administrator. The reports must include the






(3) The date; flight :number; station where the. failure,

malfunction, or defect was detected; and the stage during which



inspection).





65
















Safety Board.

(g) Reports prescribed.in paragraph (e) of this section may


task has been delegated by a part 135 certificate holder, under

the provisions of§§ 145.63(d) (4) or 145.79(e) (4) of this



part 135 certificate holder. The part 135. certificate holder

shall receive a copy of eacp report.

66

-----------



(a) Each certificate holder shall report the occurrence or


principal structural element as defined in the manufacturer's




(1) Corrosion that requir~s rework or blendout that exceeds

the manufacturer's Maintenance manual (MM) allowable limits and




replacement of a primary structure or.principal structural·

element;

(3) Disbonding that requires a repair or a complete or


structural element;

(4) ·Failures or defects repaired.in accordance with

Designated Engineering Represe_ntati ve (DER) data or other


,5·: Any crack, fracture, .or delamination of a primary


materials.



67

failure or defect in aircraft structure that occurs or is


has endangered or may endanger the safe operation of any aircraft

it uses.

(c) Reporting of any failure or defect pursuant to







data.

(d) Each CE;!_rtif icate holder shall submit each report

required by this section, as prescribed in paragraphs (a) and

(b), covering eacfi 24-hour period beginning at 0900 local time of

each day and ending at 0900 local time on the next day, to the


holder also shall make the report data available for examination


inspection of the cefrtif icate holder in a form and manner


during a 24-hour period shall be submitted to the FAA within .the

next 72 hours. However, a report that is due on Saturday or ..




68

, .. \: 1f -~ ...


point where the mail is collected.



acceptable to the Administrator. The reports must include the


information that is reasonably available for item 7:

(1) Manuf?cturer, model, serial number, and registration



(3) The nature of the failure or defect and its location.



(5) The aircraft total time and cycles.


dis.covered.


(e.g., manufacturer's part·number and serial number) and -the::time

since the last maintenance overhaul, repair, or ~nspection.



Manufacturer Approval {PMA), or a Technical Standard Order {TSO)


not report a failure, malfunction, or de.feet under this sect:ion

·-if it has reported the failure, malfunction, or defect under


69

'." ... T ' ..... ,, ·~~-

:'. .· ....... , ~ ·~ ' ·' • •• ••. < ,,-_ ~ . ,,. • • { ' .. ..,..,


Safety Board.



task has been delegated by the part 135 certificate holder under

the provisions of §§ 145. 63 (d) (4) or 145. 79 (e) (4) of this




shall receive a copy of each report.

15. Section 135.417 is amended by combining the

introductory text and paragraph (a), and by deleting paragraph

(b), to read as follows:




to a flight, unscheduled change of aircraft en route~ or

unscheduled stop or diversion from a route, caused by known or



PART 145 -- REPAIR'STATIONS

16. The authority citation for part 145 is revised to read

as follows:

Authority: 49 U.S.C. app. 1354(a), 1355, 1421, and 1427.

70

. , "' ••. ,~1 ":- ,I"• ,..,. •• J' ' • .,

17. Section 145.63 is amended by adding paragraphs (d) and

(e) to read as follows:

§ 145.63 Reports of defects or unairworthy conditions.

* * * * * (d) A certificated domestic repair station may submit an

operational or structural difficulty report for--

(1) A part 121 certificate holder under§§ 121.703(g) or

121.704(g) provided that the report meets the requirements of

§§ 121.703(d) and 121.703(e) or§§ 121.704(d) and 121.704(e) of

this chapter, as appropriate;

(2) A part 125 certificate holder under§§ 125.409(9) or

125.410(9) provided that the repo:rt meets the requirements of ...

§§ 125.409(d) and 125.409(e) or§§ 125.410(d) and_l25.410(e) of



1.21.314(9~ provided that the report meets the requirements of

§§ 127.313(d) or 127.313(e) or§§ 127.314(d) and 127.314(e) of

this chapter, as appropriate; or ·

(4) A part 135 certificate bolder under§§ 135.415(9) or

1.35. 416 (g) provided that the report meets the requirements of

§§ 135. 415 (d) and 135. 415 (e) ·or §§ 135. 416 (d) and 135. 416 (e) of

this chapte,!,.-as appropriate.

(e) A certificated domestic repair station,authorizedto

report a failure, malfunction, or defect underparagraph (d) of

this section need not report the same failure, malfunction,· or

defect under paragraph (a) of this section. A copy of the report

..... ~ · 71

. ,-

·; .. •'' .:.··~-. ··'·.,,.,., ..... ~ .•,:v .. .. ~1~.h~, ..... :., .. ..,. J·'f!". .. , ... '.· ~ ,_,: ' ,• ·--.•,,

submitted under paragraph (d) of this section shall be forwarded

to the certificate holder.

·· 18. Section 145. 79 is amended by adding paragraphs (e) and

(f) to read as follows:.

§ 145.79 Records and reports.

* * * * * (e) A certificated foreign repair station may submit an

operational or structural difficulty·report for--



§§ 121.703(d) and 121.703(e) or§§ 121.70~(d) and 121.704(e) of


(2) A part 125 certificate holder under§§ 125;409(g) or


§§ 125.409(d) and 125.409(e) or§§ 125.410(d) and 125.410(e) of



. 121.314(g) provided that the report.meets the requirements of

§§ 1i7.313(d) o~ 127.313(e) or§§ 127.314(d) and 127.314(e) of

this chapter, as appropriate; or



-· §§ 135.415(d} and 135.415(e) or§§ 135.416(d} and 135.416(e)·of

this chapter, as appropriate.

72

.. ~ )~ .. ., .. .. -,;·,·.--·~" .•. ,.,., ._,..,.- -~":: '\...,! .. .,..' ·-...... .·'" ., .. --.~--.,.- ....... --.,,.,• ..

(f) A certificated domestic repair station authorized to

report a failure, malfunction, or defect under paragraph (d) of

this section need not report the same failure, malfunction, or

defect under paragraph (a) of this section. A copy of the report

submitted under paragraph (d) of this section shall be forwarded

to the certificate holder.

Issued in Washington, DC, on

73

··.i..

·,::: . ·~·.

---------~----~~-

Monday August 14, 1995

Part IV

Department of Transportation Federal Aviation Administration

14 CFR Part 121 et al. Operational and Structural Difficulty Reports; Proposed Rule

-

41992 Federal Register I Vol. 60, No. 156 I Monday, August 14, 1995 I Proposed Rules



14 CFR Parts 121, 125, 127, 135, and 145

[Docket No. 28293; Notice No. 95-12]

RIN: 212o-AF71

Operational and Structural Difficulty Reports

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Federal Aviation Administration (FAA) proposes to revise the reporting requirements for air carrier certificate holders and certificated domestic and foreign repair stations concerning failures, malfunctions, and defects of aircraft, aircraft engines, systems, and components. The proposed rule would clarify and standardize the type of information submitted to the FAA allowing the FAA to identify trends that may affect aviation safety. This action was prompted by an internal FAA review of the effectiveness of the reporting system and by air carrier industry concern over the quality of the data being reported by air carriers. The objective of the proposed rule is to update and improve the reporting system to effectively collect and disseminate clear and concise information, particularly with regard to aging aircraft, to the aviation industry.

DATES: Comments must be submitted on or before November 13, 1995.

ADDRESSES: Comments on this notice should be delivered, in triplicate, to: Federal Aviation Administration, Office of the Chief Counsel, Attention: Rules Docket (AGC-200), Docket No. 28293, 800 Independence Avenue SW., Washington, DC 20591. Comments delivered must be marked Docket No. 28293. Comments may also be submitted electronically to the following Internet address: [email protected]. Comments may be examined in Room 915G wee~days between 8:30 a.m. and 5 p.m., except on Federal holidays.

FOR FURTHER INFORMATION CONTACT: Benjamin J. Burton, Aircraft Maintenance Division, AFS-330, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW., Washington, OC 20591, telephone (202) 267-3797.

SUPPLEMENTARY INFO~MATION:

Comments Invited Interested persons are invited to

participate in the making of the pretposed rule by submitting such wriitten data, views, or arguments as they may desire. Comments relating to the environmental, energy, federalism, or economic impact that might result from adopting the proposals in this notice are also invh ~d. Substantive comments should be accompanied by cost estimates. Comments should identify the regulatory docket or notice number and should be submitted in triplicate to the Rules Docket address specified above. All comments received on or before the closing date for comments specified will be conside_red by the Administrator before taking action on this proposed rulemaking. The proposals contained in this notice may be changed in light of comments received. All comments received will be available, both before and after the closing date for comments, in the Rules Docket for examination by interested persons. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking willl be filed in the docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a preaddressed, stamped postcard on which the following statement is made: "Comments to Docket No. 28293." The postcard will be date stamped and mailed to the commenter.

Availability of the NPRM Any person may obtain a copy of this

Notice of Proposed Rulemaking (NPRM) by submitting a request to the Federal Aviation Administration, Office of Public Affairs, Attention: Public Inquiry Center, APA-220, 800 Independence Avenue SW., Washington, DC 20591, or by calling (202) 267-3484.

Persons interested in being placed on the, mailing list for future NPRMs should request from the above office a copy of Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution System, which describes the application procedure.

Background Sections 121.703, 127.313, and

135.515 require that holders of certificates issued under part 121, 127, or 135 submit reports OD certain specified failures, malfunctions, or

. defects of specific systems and OD all other failures, malfunctions, or defect.I tha,t, in the opinion of the certificate holder, have endangered or may endanger the safe operation of an

aircraft. Section 125.409 requires that part 125 certificate holders report each failure, malfunction, or defect. In addition,§§ 145.63 and 245.79 contain provisions for certificated domestic and foreign repair stations, respectively, to report defects or recurring unairworthy conditions of any aircraft, powerplant, propeller, or any component thereof to the FAA. Both certificate holders and certificated repair stations must submit the reports described above to the FAA. In accordance with the Flight Standards' Service Difficulty Program. set forth in FAA Order No. 8010.2, the information is reviewed and evaluated by the Principal Maintenance Inspector (PMI) and mailed to the FAA 's Mike Monroney Aeronautical Center in Oklahoma City, OK, for input into the Service Difficulty Reporting Subsystem (SDRS). The report data is entered into the SDRS and compiled to generate a . weekly summary that is distributed to aircraft manufacturers, air carriers, repair stations, members ofthe general aviation community, and various offices of the FAA. Additional review and evaluation of the data are accomplished by the Aeronautical Center to identify trends or significant reports. The appropriate FAA office is notified if trends or significant safety items are noted.

Sections 121.705, 127.315, and 135.417 contain provisions for submitting a summary report to the FAA on mechanical difficulties or malfunctions that interrupt a flight or cause unscheduled aircraft changes, stops, or diversions en route that are not required to be reported under§ 121.703, 127.313, or 135.415, respectively. Section 121.705 also requires a summary report containing information on the number of aircraft engines removed prematurely because of a malfunction, failure, or defect and the number of propeller featherings that occur in flight for other than training purposes, demonstrations. or flight checks.

Section 127.315 requires further summary reports containing information on the number of engines removed, and § 135.417 requires further summary reports on the number of propeller

4 featherings that occur. The reporting requirements for§ 21.3

have not been addressed in this notice. ARAC decided and FAA agreed that revisions to this section were not intended as part of the FAA's original task assignment to ARAC .

History The explosive decompression and

structural failure of a Boeing 737-200 series aircraft on April 28, 1988, focused

Federal Register I Vol. 60, No. 156 I Monday, August 14, 1995 I Proposed Rules 41993

worldwide attention on aging air carri1!r fleets. As a result of this event, a joint effort between the air carrier industry and regulatory authorities was established to address the continued airworthiness of the air transport fleet. This effort Jed to the establishment of the Airworthiness Assurance Task Force (AATF).

The AA TF's activities focused on five major efforts that were a direct result of airworthiness issues presented by airlines and aircraft manufacturers at the First International Conference on Aging Airplanes, which was hosted by the FAA in June 1988. One of the issues presented at the conference was the need to ensure an adequate communications system between airlines, manufacturers, and the FAA. This task was assigned to the Improved Airworthiness Communications Steering Committee (IACSC) Data Collection Subcommittee of the AATF.

The FAA attended joint FAA/industry meetings with the IACSC to discuss problems associated with§§ 121.703, 121.705, 145.63, 145.79, and the Service Difficulty Report (SOR) program. Issues addressed in the March 21, 1991, General Accounting Office (GAO) report entitled Changes Needed in FAA 's Service Difficulty Reporting Program and written proposals from IACSC surfaced as points of discussion during the FAA/industry meetings. Members of the air carrier industry and FAA personnel expressed concern that, because of a lack of a standardized reporting format, there are varied interpretations of what is required to be reported. It was also noted that report information submitted by air carriers is inconsistent from airline to airline and results in incomplete data. In addition, air carriers voiced concern about the timeliness of the FAA's dissemination of SOR information. The IACSC noted that the manual data entry of reports into the SORS delays the distribution of information to the airlines.

The IACSC recommended establishing a new§ 121.704. This new section specifically would address defects in aircraft structures and problems normally associated with aging aircraft. The IACSC further suggested that the reporting requirements of§§ 121.703(a)(14) and 121.703(a)(15) relating to aircraft structures be revised and transferred to the proposed new section. The proposed reporting requirements would enable collection of information on discrepancies found in primary structure or principal structural elements. In addition, information on discrepancies found in composite materials that comprise primary

structure or principal structural elements would be collected.

The IACSC also suggested revising §§ 145.63 and 145.79 to allow part 121 certificate holders to require certificated repair stations to submit the reports required under proposed§§ 121.703 and 121.704 when a repair station discovers a malfunction or defect in a certificate holder's aircraft. This change would serve to reduce the number of duplicate reports on the same problem from air carriers and repair stations, who presently are both required to report the occurrence.

The IACSC was realigned as the International Airworthiness Communications Working Group (IACWG) under the Aviation Rulemaking Advisory Committee (ARAC). The A.RAC was established under FAA Order No. 1110.119, dated February 22, 1991, to advise the FAA on aviation safety-related rulemaking activity on a wide range of issues. Following the evaluation of the IACWG's recommendation for the revision of part 121, the A.RAC tasked the group with preparing similar recommendations for operations conducted under parts 125, 127, and 135.

During preparation of the recommendations for parts 125, 127, and 135, the IACWG noted that the current reliability reporting requirements of§§ 127.315 and 135.417 are also unnecessary. There is no equivalent section in part 125. Therefore, the IACWG suggested deleting§§ 127.315 and 135.417, which would be consistent with the IACWG's proposed deletion of§ 121.705. Currently, reliability information for operations conducted under these parts must be monitored in accordance with §§ 127.136 and 135.431.

The IACSC also was of the opinion that the current reporting requirements of§ 121.705 are unnecessary because the data reported is reliability information that does not affect flight safety. The subcommittee further stated that this regulation does not provide sufficient guidance on the type or scope of the information to be reported: therefore, reporting is inconsistent. Reliability information currently must be monitored in accordance with · § 121.373. Consequently, IACSC did not believe § 121.705 wu necessary and suggested that it be deleted. .

Subsequent di1CU1Sions within the working group revealed that § 121.705(a) would need to remain in the regulation so that PMl's would continue to receive timely i.Dformation from air carriers on mechanical interruptions of flights caused by

malfunctions or defects that are not required to be reported to the SDRS. The working group. therefore, recommended deleting only §§ 121.705 (b) and (c). 127.315(b), and 135.417(b), which relate to premature engine removals and in· flight propeller featherings.

The Proposed Rule

Based on the earlier joint discussions · with representatives of the air carrier industry, recommendations from the ARAC, and an internal review of the SDR program, the FAA recognizes that improvements to reporting requirements and the SDR program are necessary. This proposed rule presents actions to ..correct deficiencies cited during the FAA/industry meetings and in the GAO report, and was developed based on the recommendations from the A.RAC.

This proposed rule would modify the current reporting requirements for air carriers and repair stations to standardize report information. The proposed rule also would explicitly permit the submission of the required reports in an electronic form to encourage reporting that will give the FAA information on a near real-time basis. In addition, the proposed rule would revise the current reporting requirements for air carriers to include the reporting of certain occurrences or detections of failures. malfunctions, or defects of aircraft, aircraft engines, systems, and components that occur during ground operations and that could affect the safety of flight operations.

The proposed rule would also allow part 121, 125, 127, or 135 certificate holders to require a certificated domestic or foreign repair station to submit operational and structural . difficulty reports to the FAA on behalf of the certificate holder when the repair station discovers defects or unairworthy conditions. This provision would eliminate duplicate reporting of a problem by the air carrier and the repair station. The proposed rule would delete §§ 121.705 (b) and (c), 127.315(b), and 135.417(b), removing the requirement for submitting summary reports on premature engine removals and in-flight propeller featherings because this ·· · iii.formation is reliability-related data rather than safety-of-flight data. The proposed rule also would add new §§ 121.704, 125.410, 127.314, and

. 135.418 to specifically address the reporting of structural defecta and probl81D1 normally auociated with aging aircraft,

Sections 121.703, 125.409, 127.313, and 135.415 would be ntvised to focua on the reporting of operational defects. and new§§ 121.704, 125.410, 127.314,


and 135.416 would be added to manage the reporting of structural defects.

Section 125.409 would be revised by requiring reports for specific events rather than reports of the occurrence or detection of every failure. malfunction, or defect. The proposed change eliminates the reporting of defects that do not compromise the airworthiness of the aircraft. The proposal would add requirements to part 125 that are equivalent to the reporting requirements in proposed§§ 121.703, 127.313, and 135.415.

In proposing to revise the part 135 reporting requirements, the.FAA recognizes that aircraft maintained in accordance with part 135 may operate under part 91 at times: however, all part 135 reporting requirements would apply as long as the aircraft is maintained under part 135.

Reporting requirements would be revised for each of the proposed sections to standardize report information. Required reporting information would be revised to include total aircraft flight time to aid in evaluating corrosion and aircraft structural fatigue. In addition, the amount of elapsed time since the last maintenance performed on components would be added to determine how long components have been in service. Information on manufacturer's part numbers and serial numbers would be added to develop trend information. Reporting procedures would also be revised to encourage the electronic transmission of data directly to a centralized collection point as specified by the FAA. (Presently, the data base is maintained at the Mike Monroney Aeronautical Center.) A program that enters SOR data electronically into the SDRS would be optional. The electronic submission of data would provide a database that is near real-time. Data would be uploaded and available the next business day. The proposed rule would also provide for collecting information on aborted or "rejected" takeoffs caused by the failure, malfunction, or defect of an aircraft component or system. This information would be used to generate statistical data for future analysis of the safety implications such events may have on fliaht operations.

Sections 145.63 and 145.79 would be revised to allow parts 121, 125, 127, and 135 certificate holders to require certificated domestic and foreign repair stations to submit the reports required under the proposed sections of parts · 121, 125, 127, and 135 on behalf of the certificate holder when the repair station discovers a malfunction or defect. This proposed change would'·.

eliminate the requirement for the air of a fire caused by a failure, carrier and the repair station to report malfunction, or defect also would be the same problem to the FAA. However, retained by the proposed rule. th.e air carrier would not be relieved of Current§§ 121.703(a)(2), th.e responsibility of ensuring that these 127.313(a)(2), and 135.415(a)(2) require reports are submitted. certificate holders to report failures,

The furpose of the proposed malfunctions, or defects concerning regulation would be to enhance air fires during flight that are not protected curier safety by collecting additional by a related fire warning system. and more timely data that identifies Proposed§§ 121.703(a)(l), 125.409(a)(l), mechanical failures, malfunctions, and 127.313(a)(1), and 135.415(&)(1) would defects which may be a serious hazard retain this requirement because failures, to the operation of an aircraft. The malfunctions, or defects involving any ill.formation collected would be used to fire must be reported by the certificate develop and implement corrective holder. actions to help prevent future Sections 121.703(a)(2), 125.409(0)(2),. occurrences of these failures, 127.313(a)(2), and 135.415(0)(2) malfunctions, and defects once they Proposed u 121.703(a)(2), have been identified. n

It should be noted that there is 127.313(a)(2), and 135.415(a)(2) would 1 1 d 1 revise current§§ 121.703(a)(3),

current ya proposa to e ete part 127 127.313(a)(3), and 135.415(a)(3), ill. an NPRM published in the Federal Register on March 29, 1995, regarding respectively, which address the Commuter Operations and General reporting of failures, malfunctions, or Certification and Operations defects involving false fire warnings Requirements (60 FR 16230). lfpart 127 during flight. The proposed rule would is deleted in that final rule as proposed, require that any false fire or smoke th.e proposed revisions to part 127 in warning necessitating the use of th.is NPRM will not be considered in the emergency procedures be reported to development of a final rule. · ensure that the certificate holder

documents occurrences that have safety· General Discussion of the Proposed of-flight implications. This requirement R.ule also would be added to proposed Sections 121.703, 125.409, 127.313, and S 125.409(a)(2). 1~l5.415 Sections 121.703(a)(3), 125.409(a)(3),

The proposed rule would change the 127.313(a)(3), and 135.415(0)(3) titles of§§ 121.703, 127.313, and Proposed§§ 121.7C,3(a)(3), 135.415 from "Mechanical reliability 127.313(a)(3), and 135.415(a)(3) would reports" to "Operational difficulty require that information on damage to reports ... The prorosed rule also would an engine, adjacent structure. change the title o § 125.409 from equipment, or components caused by a "Reports of defects or unairworthy failure, malfunction, or defect of an conditions" to "Operational difficulty engine exhaust system be reported by reports." The title change would reflect the certificate holder regardless of more accurately the type of information whether such damage occurred in flight collected, which may be categorized as or on the ground. Proposed primarily operational and safety-related § 125.409(a)(3) would add the same in.formation rather than reliability and requirements for operations conducted failure information as is implied by the under part 125. Currently, current titles. §§ 121.703(a)(4), 127.313(a)(4), and Sections 121.703(a)(1), 125.409(a)(1), 135.415(a)(4) require only that the

( )( ) d ( )( ) certificate holder report to the FAA 127.313 ° 1 • an 135·415 0 1 damage to an engine, adjacent structure,

Proposed§§ 121.703(a)(1), equipment, or components caused by an 125.409(a)(t), 127.313(a)(1), and · engine exhaust system during Oight. 135.415(a)(l) would specify that 8 Sections 121.7031a)(4), 125.409{a)(4), certificate holder must report each I failure, malfunction, or defect involving 127.313(a)(4), and 135.415(a)(4) any fire, rather than only those fires that Proposed SS 121.703(a)(4), oc.'CUJ' during flight, as is cutrently 127.313(a)(4), and 135.t15(a)(4) would prescribed by the regulations. The revise the c:ummt requirements in proposed changes would ensure that SS 121.703(1)(5), 127.313(a)(5), and ill.formation is also reported on fires that 135.415(1)(5), respectively, by requiring occur on the ground because these fires that the failure, malfunction, or defect of may affect the safety of flight. In . airplane or helicopter components that addition, the current requirement to. · cause an accumulation or drculaUon of report whether the related fire.warning smoke, vapor, or toxic or noxio:us fumes system functioned properly in the event resulting in the use of emergency


procedures be reported. Proposed § 125.409(a)(4) would add the same requirements for operations conducted under part 125. These proposed chang,11 would eliminate the reporting of events that do not affect safety by indicating that such events would have to be reported ~nly if emergency procedures are exerosed.

The proposed change also would delete the words "during flight." The proposed reporting requirement would include events that occur in flight or on the ground and would expand the reporting of these events to the entire aircraft. The current requirements only cover these events if they occur in the crew compartment or passenger cabin.

Sections 121.703{a)(5}, 125.409{a}{S), 127.313{a)(S), and 135.415(a}{S)

These proposed sections would combine the reporting requirements for engine failures and shutdowns in current§§ 121.703(a)(6), 121.703(a)(7), 121.703(a)(8), and 121.703(a)(9) into proposed§ 121.703(a)(5); current §§ 127.313(8)(6), 127.313(&)(7), 127.313(a)(8), and 127.313(a)(9) into proposed§ 127.313(a)(5); and current §§ 135.415(a)(6), 135.415[a1(7), 135.415(a}(8), and 135.41.5{a)(9) into proposed§ 135.415(a)(5). An equivalent § 125.409(a)(5) would also be added.

The proposed change would require that the certificate holder report failures, malfunction, or defects involving all engine fiameouts and shutdowns during ground or flight operations. The proposed sections would contain a provision to exclude intentional engine shutdowns, such as those that occur during flight crew training, test flights, and taxiing to reduce fuel consumption.

Sections 121.703(0)(6), 125.409(a){6), and 135.41S(a){6)

These proposed sections would amend current§§ 121.703(a)(10) and 135.415(a)(10) by deleting the words "during flight." The proposed change. would require that the certificate holder report the failure, malfunction, or defect of any propeller feathering system or the ability of the system to control overspeed events whether iuch events occur during flight or on the ground. Proposed § 125.409(a)(6) would specifically state the equivalent requirement for operations conducted under part 125.

Sections 121.703{a)(7), 125.409(a){7}, J27.313(a)(6), and 135.415(a)(7)

These proposed paragraphs would redesignate the requirements in § 121.703(a)(l 1) as§ 121.703(a)(7}, § 127.313(a)(9) as§ 127.313(a)(6), and § 135.415(a)(11) u § 135.415(a)(7J, and .·

would add new §§ 125.409(a)(7). These requirements pertain to reporting the failure, malfunction, or defect of a fuel or fuel-dumping system that affects fuel flow or causes hazardous leakage in flight. Section 127.313(a)(6) is proposed to include fuel dumping systems because these systems are now available on some helicopters.

Sections 121.703(a)(8), 125.409(a)(B), 127.313{a)(10}, and 135.415(a)(B)

The proposed rule would redesignate current paragraph§ 121.703(a)(12) u § 121.703(a)(8); revise current § 135.415(a)(12) and redesignate itas § 135.415(a)(8); revise§ 127.313(a)(10); and add new § 125.409(a)(8). These sections require the reporting of failures, malfunctions, or defects in tlle operation of landing gear and landing gear doors during flight. Section 127.313(a)(10) would be revised to include equivalent requirements to apply to helicopters that have retractable landing gear. The requirements ofcurrent § 127.313(a)(10) related to helicopter structures that require major repairs would be moved to proposed new§ 127.314. The proposed rule would also remove the term "unwanted" from current § 135.415(8)(12) to require that any landing gear extension or retraction, or opening or closing of landing gear doors during flight resulting from a malfunction or defect must be reported. This also would ensure consistency with the reporting requirements of parts 121 and 125.

Sections 121.703(a)(9}, 125.409(a)(9), 127.313(a)(11}, and 135.415(a)(9)

Current§§ 121.703(a)(13) and 135.415(a)(l3) relating to failures, malfunctions, or defects in aircraft braking components would be revised and redesignated u proposed §§ 121.703(a)(9) and 135.415(a)(9), resp~vely. The equivalent requirements would be revised and redesignated in proposed § 125.409(a)(9) to provide consistency with parts 121 and 135. Section 127.313(a)(1 l) would be revised to include the reporting of· failures, malfunctions, or defects of brake system components because wheeled helicopters are equipped with brakes. The requirements of cunent § 127.313(a)(l 1) related to cracks, deformation, or corrosion of helicopter structures would be Dioved to proposed new§ 127.314.

Theproposedrulewouldchange "loss of brake actuating force" to "any detectable loss of brake actuating force" to clarify the interpretation of the term "loss." Some air carrien have · . · interpreted the term "loss" to mean total loss of braking action. This proposed

rule would state that failures, malfunctions, or defects thiij result in any reduced braking are events that are required to be reported, excluding aircraft braking component malfunctions, defects, or discrepancies that are deferrable according to the Minimum Equipment Llst as provided for in §91.213.

Sections 121.703(a)(10), 125.409{a)(10}, 127.313(a}(7), and 135.4'l5(a)(10)

Proposed§§ 121.703(a)(10), 125,409(a)(10), 127.313(a)(7), and 135.415(a)(10) would include the reporting of information relating to aborted takeoff. Currently, air carriers are not required to report information on aborted or "rejected" takeoffs. Limited information relating to aborted takeoffs that result from an accident or incident may be available through the FAA 's Accidentllncident Data Subsystem or the National Transportation Safety Board (NTSB). The proposed rule would require that information on all aborted takeoffs after initiation of the takeoff roll, resulting from a failure, malfunction, or defect of an aircraft component or system be reported to troubleshoot problems that may have safety-of-flight implications.

In addition, the current regulations require reporting of failures, malfunctions, or defects occurring in aircraft components or systems that result in any emergency action taken during flight, excluding the shutdown of an aircraft engine. The reference to excepting engine shutdowns in current §§ 121.103(a)(16), 127.313(a)(12), and 135.415(a)(16) would not be included in this proposed paragraph because the reporting of failwes, malfunctions, or defects involving any aircraft engine shutdown would be required by proposed§§ 121.703(a)(5), 127.313(a)(5), and 135.415(a)(5), respectively.

Sections 121.703(a)(11), 125.409(a)(11), 127.313{a)(9}, and 135.41S(a){11)

The proposed paragraphs would revise c;unent § 121.703(a)(17) and redesignate it as § 121.703(a)(11); add new S 125.409(a)(11); and revise current §§ 127.313(a)(9) and 135.415(a)(11)., '.fhe proposed rule would state that a faiture of individual components that does not affect the operation of an aircraft's emergency evacuation system or components, exit doors, passenger evacuation lighting systems, or evacuation equipment need not be reported. The proposed rule also would state that failures, malfunctions, or defects that are deferrable according to the Minimum Equipment List u provided for in § 91.213 need not be reported. This proposed change would


allow the exclusion of an item failure, such as a burned out reading light bulb, provided that such a failure would not affect the integrity of any of the systems and components described above.

Sections 121.703(c), 125.409(c), 1.27.313(c), and 135.415{c)

The proposed rule would revise current §§ 121.703(c), 127 .313(c), and 135.US(c), and would add new § 125.409(c). These sections would extend the reporting requirements of a failure, malfunction, or defect in any aircraft to the aircraft, aircraft systems, components, and powerplants. These. items have been added to require that reports of failures, malfunctions, or defects that endanger safe aircraft operation must include those that occurred throughout the aircraft as well as all of those that involve the aircraft's subassemblies.

Sections 121..703{d}, 125.409(d), 127.313(d), and 1.35.41.S{d)

Under the proposed rule, each report or the occurrence or detection of a failure or defect for a 24-bour period still would be required to be submitted within 72 hours. However, this proposed rule would revise the current requirements in§§ 121.703(d), 127.313(d), and 135.415(d) by replacing the terms "send," "mailed," or "delivered" with the term "submit." An equivalent§ 125.409(d) would also be added that revises the reporting requirements currently found in S 125.409(b). This change would allow for the use of other means, such as

electronlc transmission via telephone facsimile or computer modem, to submit reports to the FAA. In addition, these proposed sections would change the location for submitting reports from the FAA Flight Standards District Office (FSDO) charged with the overall inspection of the certificate bolder to a centralized collection point as specified by the FAA. However. the certificate holder would be required to make the operational difficulty report (ODR) data available to the FSO for examination at the time it is submitted to the FAA in a form and manner acceptable to the Administrator. This change would allow PMI's to remain informed of ODR activity and improve the timeliness of FAA processing of the data.

Currently,§ 135.415(d) contains provisions for aircraft operating in areu where mail is not collected, thereby preventing mailing within the required 72 hours. In such cases, the reports are required to be submitted within 24 hours after the aircraft returns to a point where mail is collected. This provision

· also would be included in proposed § 125.409(d) because part 125 certificate holders often have remote operations similar to certain part 135 certificate holders.

Sections J21.103{e), 1.25.409(e), 127.313(e}, and 135.415(e)

These proposed sections would revise the·cunent reporting requirements of §§ 121.703(e), 127.313(e), and 135.415(e), and would add new reporting requirements in proposed § 125.409(e) to ensure reporting

..

consistency. Current requirements of §§ 121.703(e), 127.313(e), and 135.415(e) allow the certificate bolder to submit reports in a manner and form convenient to the certificate holder. The proposed changes would standardize reporting requirements and would explicitly provide for electronic reporting.

Section 121.703(e) specifies that information detailed in paragraphs (e)(l) through (e)(6) is mandatory and that information detailed in paragraphs (e)(7) through (e)(9) is desirable additional information. Additional available information may be submitted at a later date by resubmitting the ODR under its original Operator Control number u assigned by the FAA. This action would provide the FAA with additional data. Using the original Operator Control number would overwrite the original ODR with the additional available data.

The FAA would require that the following additional information be reported: aircraft aerial number: station where the discrepancy was detected: FAA-modified Air Transport Association (ATA) Specification 100 code; and aircraft total time and total cycles. A current reporting item, "type", has been replaced by manufacturer and model. The addition of these items would increase the effectiveness of operational difficulty reporting and possible tracking of equipment. In addition, the FAA is developing a reporting form, FAA Form No. 807~2 (see Figure 1), to standardize reporting. IIWNCI CODI olel~1a-M

-


FIGURE J. U. S. Dep1rtment of Tr1nsport1tion

Operational Difficulty Report AERONAUTICAL EQUIPMENT

FAA CONTIIOL NO.

Federal Avi1tion Administretion

MAJOR EQUIPMENT IDENTITY

Inter i,eftftellt "'- MANUFACTUREII

AIICIIA" BOEING

POWl""-ANT

'Mf'IWII

PROBLEM DESCRIPTION

CATI STATUS OPEii. OP'EII. DESIQ, T't'f'I

10/02/94 c ABCD A

Discrepancy/Corrective Action:

OPEIIATOII CONTROL NUMIEII

6BCP95PP332

MODEL RIVAL NO.

757223 91405

REGIS. f'MC, NATUIU STAGE OF

NUMIEII PIIOCED. FUOHT

N549BR E J CL

ATACODI

7930

A.IC TT A.IC TC

2295 3123

STATION PUGHTI

OKC 731 --•

On climb #2 engine oil temp indicator pegged on high limit. 12 enaine

shutdown after 5 minutes at idle thrust. Engine windmilled for 12 ainutes

before landing.

Removed and replac.ed 12 oil temp. indicator. Ground ran. ops check . normal. HM 79-30-0

s J\ M I) L E SPECIFIC PART CAUSING PROBLEM

PART NAME MFG. P'AIU NUMBER IEIIIAU PAIIT CONOITION PAIITIDIFECT LOC.

oil temn. i"-' l 62B1 701.r. &'ili7A ·-·----,1 , •• , .. _ PART TOT AL TIME PAIIT TOTAL CYCUI PAIIT TIME IINCI: I lo-i-t

765 765 ··-I,...__.._

COMPONENT NAME COMPONENT MANUFACTUIIEII COMPONENT PAIITI COMPONENT IIIIIIAL I

COMPONENT TOT AL TIME COMPONENT TOTAL CYCW COMPONENT TIMI IINCI: I 1-..~ ··-I l.._ctto,,

SUBMITTED BY

DST.OFF.

ABC Airlines Inc, SQ?? OCR PROT'1TYPE 8070-2

24

I

·-·---- ----·---~--. -----------------------------


Reporting items that pertain to engine or component serial numbers and the time since the last maintenance of a component have been added to the reporting requirements. These items, along with the current requirement to report the emergency procedure effected, would be considered desirable information. The reporting of this information would be beneficial: however, collection of this information should not delay the submission of new reports.

The proposed rule would delete current§§ 121.703(g) and 121.703(h): §§ 127.313(g) and 127.313(h); and §§ 135.415(g) and 135.415(h). Current §§ 121.703(g). 127.313(g), and 135.415(g) contain provisions for air carriers to submit a report even when all of the information required is not available. Current§§ 121.703(h), 127.313(h), and 135.415(h) contain provisions for air carriers to submit supplemental reports when they obtain additional report information. These paragraphs would be deleted because proposed§§ 12l.703(e). 127.313(e), and 135.415(e) would require that the following information be included on all reports: manufacturer, model. serial number. and identification number of the aircraft; operator name; date; flight number; station: stage of flight when the failure, malfunction, or defect occurred: the nature of the failure. malfunction, or defect: the FAA-modified ATA code; and the aircraft total time and total cycles. In addition. proposed §§ 121.703(d). 125.409(d). 127.313(d), and 135.415(d) would require that the report be submitted with the 72-hour period. Therefore, the submission of an incomplete report as currently permitted under§§ 121.703(g), 127.313(g). and 135.415(g) would not meet the intent of the proposed rule. Further, the provision for the submission of any additional data as specified in current§§ 121.703(h), 127.313(h), and 135.415(h) would be unnecessary and might add information to SDRS that is not safety related.

Sections 121.703(/J. 125.409{f}, 127.313(/). and 135.415(/J

Sections 121.703(0, 127.313(0, and 135.415(0 currently state that certificate holders that also hold Type Certificates (TC) (including Supplemental Type Certificates (STC)), Parts Manufacturer Authorization (PMA), or Technical Standard Order (TSO) authorization, or who are licensees of TC, need not report failures, malfunctions, or defects under these sections if the failures are reported under§ 21.3 or under part 830 of the NTSB regulations (49 CFR 830). An equivalent S 125.409(0 would be added

to provide consistency with parts 121, · 127, and 135. In addition,§§ 121.703(0, 127.313(0, and 135.415(0 would be revised by deleting an obsolete reference to§ 37.17. Part 37 was removed effective September 9, 1980.

.Sections 121.703(g), 125.409(g}, 127.313(g), and 135.415(g}

These proposed paragraphs would i~llow parts 121, 125, 127, and 135 certificate holders to require a certificated domestic or foreign repair station to report a failure, malfunction, or defect discovered by the repair station. Currently, when a repair station finds a failure, malfunction, or defect, this information is reported by both the repair station under § 145.63(a) or § 145.79(c), as nppropriate, and the part 121, 125, 127, or 135 certificate holder. Therefore, information about the same problem is reported twice to the FAA. The proposed revision is intended to 1~liminate these duplicate reports. However, the certificate holder would not be relieved of the responsibility to ensure that these reports are submitted. The proposed rule would require that the part 121, 125, 127, or 135 certificate holder receive a copy of the re'port submitted by the repair station.

.Sections 121.704(a)(1}, 125.410(0)(1), 127.314{a)(1}, and 135.416(a){1}

The proposed rule would revise and iincorporate the reporting requirements relating to defects in aircraft structures i:>f current§§ 121.703(a)(14) and 121.703(a)(15) into§ 121.704(a)(l); of current§§ 127.313(a)(10) and 127.313(a)(ll) into§ 127.314(a)(1); and of current§§ 135.415(a)(14) and 135.415(a)(15) into§ 135.416(a)(l). An equivalent§ 125.410(a)(l) also would be added. Proposed§§ 121.704(a)(1), 125.410(a)(1), 127.314(a)(1), and :l35.416(a)(1) would contain provisions lfor reporting information relevant to 11tructural defects of aging aircraft and corrosion protection. The required reporting would focus on discrepancies found in primary structural or principal structural elements relating to corrosion that exceed the manufacturer's Maintenance Manual (MM) allowable limits. As used in this paragraph, the MM includes the aircraft's Structural Repair Manual and other manufacturer's documents, which set forth maintenance requirements.

Sections 121.704(a)(2), 125.410(a){2), .127.314(a)(2}, and 135.416(a){2)

These proposed sections would revise the reporting requirements for parts 121, 127, and 135, and would add reporting requirements for part 125, for aaclts detected only in a primary structure or

principal structural element that require the repair or replacement of the structural element. Currently, . §§ 121.703(a)(15), 127.313(a)(li), and 135.415(a)(15) require reporting of nll cracks in aircraft structures even if the location and size of the crack do not have safety-of-flight implications.

Sections 121.704(a)(3}, 125.410(a)(3}, 127.314(a)(3), and 135.416(a)(3)

These proposed sections would include a reporting requirement for the detection of disbanding of any rrimary structure or principal structura element. Currently, air carriers may report disbanding in accordance with § 121.703(c), 127.313(c), or 135.415(c); however, this requirement should be explicit because reporting of disbanding defects is necessary in the early identification of safety-of-flight issues associated with aging aircraft:

Sections 121.704(a)(4}, 125.410{a){4), 127.314(0)(4), and 135.416(a)(4)

These proposed sections would require air carriers to report failures or defects of primary structure or principal structural elements when data developed by a Designated Engineering Representative (DER), under SFAR-36, or other approved repair data that is not found in the manufacturer's MM is used to accomplish the repair.

Some air carriers are uncertain about whether the subsequent detection of the same failure or defect must be reported when the failure or defect was repaired

. using DER, SF AR-36, or other approved non-MM repair data. The proposed rule would explicitly require that air carriers shall report each and every occurrence of a failure or defect repaired in • accordance with DER-approved or other non-MM repair data.

- Some Part 135 aircraft may not have Structural Repair Manuals (SRM). Repairs accomplished within the limits of SRM's or ~ are not reportable. Repairs developed outside these approved data sources are reportable whether the accepted or approved data is developed by a DER, under SFAR 36, or other approved repair data. ·

Sections 121.704(a){5), 125.410(a)(5),·. 127.314(a)(5), and 135.416(a)(5)

These proposed sections would require the collection of infonnation on any disaepancies found in primary sln;lcture or principal structural elements comprised of composite materials. The specific reporting of failures and defects of new and emerging technologies used in the mantifacturing of aircraft structures is necessary in the early identification and


resolution of problems that may have an adverse effect on safety.

Sections 121.704{b}, 125.410(b), 127.314(b), and 135.416(b)

The proposed sections would re~uire that in addition to the reports required by proposed §§ 121.704(a), 125.410(a), 127.314(a), and 135.416(a), certificate holders would be required to report any other failure or defect that occurs or is detected in an aircraft structure if, in the opinion of the certificate holder, the failure or defect has endangered or may endanger the safe operation of any aircraft.

Sections 121.704(c}, 125.410(c}, 127.314(c}, and 135.416(c}

These proposed sections would require that each report be submitted to a centralized collection point specified by the FAA within the required reporting period. Currently, Service Difficulty Reports are submitted to the

FAA FSOO charged with the overall inspection of the certificate holder. However, under the proposal, the certificate holder would be required to make the SDR data available to the FSOO for examination within the time limits specified above in a form and manner acceptable to the Administrator. This would allow PMI's to remain informed of SDR activity, improve the timeliness of FAA processing of the data, and increase the data's availability for analysis. This proposed section also. would allow for the use of other means, such as electronic transmission via telephone facsimile or computer · modem, to submit reports to the FAA to increase the timeliness of reporting.

Proposed§§ 125.410(c) and 135.416(c) would include provisions for aircraft operating in areas where mail is not collected, thereby preventing mailing within the required 72 hours. In such cases, the reports would be required to be submitted within 72 hours after the

aircraft returns to a point where mail is collected.

Sections 121.704(d}, 125.410{d), 127.314(d), and 135.416(d)

Under the proposed rule, reports of structural problems would require information on: manufacturer, model, serial number, and registration number of the aircraft; operator name; nature of ·failure or defect and its location; FAA· modified A.TA code; aircraft total time and cycles; and the date and s~ation where the certificate holder found the discrepancy. Optional information would include the identification of the manufacturer's part number or the serial number of the part or component and the time since the last maintenance overhaul, repair, or inspection. To promote standardized reports, the FAA is currently revising a reporting form, FAA Form No. 8070-3 (see Figure 2).

•LUNG COOi •t10-1a-M

' 42000 Federal Register I Vol. 60, No. 156 I Monday, August 14, 1995 I Proposed Rules

FIGURE 2 ,---------U.S. Department of Transportation


MAJOR EQUIPMENT IDENTITY

INTER DATA MANUFACTURER

AlflCRA" BOEING

Structural Difficulty Report AERONAUTICAL EQUIPMENT

Of'UIA TOR CONffOL NO.

ABCD9500123

MODEL IERIAL NO.

737277 92601

FM CONTROL NO.

ATA CODE

5320

A/C TT AIC TC

27950 26555

Ol'EI\ATIONI CORROSION x LEVEL MAINT£N.t.NCI ,

PROBLEM DESCRIPTION

DAT! Ol"ER. DESIO. REGIS. NUMBER STATION FUGHTI .. I

03/13/95 ABCD N731TA OKC 812 Oiacrepancy(Mandatoryllnclude Length,Width&Oepth of Damage/Corrective Action(Optional):

During scheduled inspection, found stringer splice at FS 907, STR 28R

corroded beyond limits. Removed and installed new stringer splice per SRM 51 32 2

and SRM 51 10 1,

s J\ M I) L E SPECIFIC PART CAUSING PROBLEM

2

3

MFG. ,ART NUMBER SERIAL I Clf a~icablal v &.enproll/S ...... a...i 0.... !OTHER._.,.,

,ART NAME: •HUI/SNetTle Welt -6547951 ,.._ ...._ ......... ,.r.RT/DEF'EC'TLOCATION

FUSELAGE STATION IFSI WAT[R LINt CWLI WINO STATION CWII IUTTOCK LINE Cl&J ITIIINOIR CSTIII

RIOM I TO FROM TO FROM TO MOM TO AIOM TO

on, I ,1111 OTHER Cspecifyl I LH I LH I LH I LH I LM I LM

I IIH I flH I IIH I IIH YI IIH I RN

,ART TIME SINCE: New ,ART CONDITION ITRISS R,,.io-. alACIC

910UCID Wt .......... corroded CORROSION

SUBMITTED BY

j••"' ABC Airline• Inc. '

- OIST. OFFICE

• WP88

IDR PROTOTYPE 8070-3

32


Sections 121.704(e}, 125.410(e), 127.314{e), and 135.416{e)

i'hese proposed sections would include the current provisions of §§ 121.703(0, 127.313(0, and 135.415(0, which relieve a holder of a Type Certificate, Supplemental Type Certificate, Parts Manufacturer Approve1l (PMA), a TSO Authorization, or the licensee of a Type Certificate from reporting any failure, malfunction, or defect under this section if reports are submitted on the same failure, malfunction, or defect under§ 21.3 or under the accident reporting provisions of Part 830 of the NTSB regulations. Proposed § 125.410(e) would include a similar provision.

Sections 121.704(/), 125.410(/), 127.314(/), and 135.416(/)

These proposed sections would allow parts 121, 125, 127, and 135 certificate holders to delegate to a certificated repair station the task of reporting the detection of a failure, malfunction, or defect discovered by the repair station. Currently, when a repair station finds a failure, malfunction, or defect, this information is reported by both the repair station under§ 145.63(a) or § 145.79(c), as appropriate, and the part 121, 125, 127, or 135 certificate holder. This proposed section would eliminate' duplicate reporting of the same failures or defects but would not relieve the certificate holder of the responsibility for ensuring that the report is submitted to the FAA. In addition, the proposed rule would require that the certificate holder receive a copy of the report submitted by the repair station.

Sections 121.705, 127.315, and 135.417

Under the proposal,§§ 121.705(a), 127.315(a), and 135.417(a) would remain in effect, requiring that operators report to the Administrator interruptions to flights, unscheduled changes of aircraft en route, or unscheduled stops or diversions from routes, caused by known or suspected mechanical difficulties or malfunctions that are not required to be reported under proposed§§ 121.703 and 121.704, 127.313 and 127.314, and 135.415 and 135.416, respectively. The requirements of current§§ 121.705 (b) and (c), 127.315(b), and 135.417(b) would be deleted because this is reliability data and does not have safety-of.flight implications. In addition, these items currently ere required to be monitored under§ 121.373, 127.136, and 135.431.

Sections 125.409(b) and 127.313(b)

Under the proposal, S 127.313(b) would be corrected to state that, for the purposes oftbis section, during {light

means the period from the moment the helicopter leaves the surface of the earth on (rather than "or") takeoff until it touches down on landing. An equivalent paragraph would also be added to§ 125.409(b).

Section 127.313(0)(8)

The proposed rule would redesignate current§ 127.313(a)(13) as § 127.313(a)(8). This paragraph concerns main rotor and auxiliary rotor systems.

Sections 145.63 and 145.79

The proposed rule would 11!Vise §§ 145.63 and 145.79 to allow certificated domestic and foreign repair stations, respectively, to be delegated by a part 121, 125, 127, or 135 certificate holder to submit operational and structural difficulty reports to the FAA on behalf of the certificate holder. A repair station would submit these reports, as delegated, when it discovers a defect or unairworthy condition of an aircraft, powerplant, propeller, or any component thereof. When a certificated repair station submits a report for a part 121, 125, 127, or 135 certificate holder,

· the repai,r station would not be required to submit a separate report under § 145.63(a) or 145.79(c), as appropriate.

Currently, when a certificated repair station finds a defect or unairworthy condition, the repair station and the part 121, 125, 127, or 135 certificate holder report the condition or defect to the FAA. The proposed rule would require that only one report be submitted in such circumstances.

Paperwork Reduction Act Approval . The reporting burden associated with

parts 121, 125, 127, 135, and 145 of the Federal Aviation Regulations has been approved by OMB under control numbers 2120-003, 2120-008, 2120-0010, 2120-0039, and 2120-0085.

This NPRM proposes to clarify the reporting burden. The clarification may cause a reduction in burden, because it may lead to a reduction in redundancy ofreporting. Some 125 certificate holden may have a slight reduction in reporting. There are minimal additional reporting requirements associated with this proposed rule.

Regulatory Evaluation Summary

Executive Order 12866 established the requirement that, within the extent permitted by law, a Federal regulatory action may be undertaken only if the potential benefits to society for the regulation outweigh the potential costs to society. In response to this . requirement, and in accordance with Department of Transportation (DOT) policies and procedures, the FAA has

estimated the anticipated benefits and costs of this rulemaking action. The FAA has determined that this proposed rule is not a "significant rulemaking action," as defined by Executive Order 12866 (Regulatory Planning and Review), and is not considered significant under DOT Order 2100.5, Policies and Procedures for Simplification, Analysis, and Review of Regulations. The anticipated costs and benefits associated with this proposed rule are stated below.

The total number of reports submitted to the FAA is not expected to change substantially. Although more specific and detailed reports will generally be required, the clarification of reporting requirements should expedite the reporting process. Therefore, the costs of complying with the proposed rule change are not expected to differ significantly from the costs of complying with the present requirements. Increases in the volume of some types of reports are expected to be offset by decreases in the volume of other types of reports. New requirements to report on-ground incidents that may have implications for flight safety and those pertaining to aging aircraft issues should increase the volume of reports. Other provisions, however, such as the elimination of duplicate reporting by the air carriers and repair stations and the elimination of reports involving issues of reliability

· (e.g., unscheduled stops or diversions from routes), would reduce the number of required reports. In addition, Part 125 operators would not be required to report as many incidents as is currently required. The FAA believes that the increased and decreased reporttng requirements are offsetting but invites comments from the public regarding the validity of this assumption.

The purpose of the proposed rule is to enhance air carrier safety by clarifying and standardizing reporting requirements and facilitating the timely flow of infonnation to the FAA. These data identify mechanical problems that may be a serious hazard to the operation of an aircraft. The information collected would be used to develop corrective.. actions to eliminate the identified proble~s. Increased standardization of these reports should make it easier for FAA personnel to interpret their significance, thereby reducing the number of manhours devoted by the FAA to processing and interpreting the information gleaned from these reports.

One major safety benefit would result from the clarification of reporting requirementa that specifically address structural defects normally associated with aging aircraft. Another benefit

4?.002 Federal Register I Vol. 60, No. 156 I Monday, August 14, 1995 I Proposed Rules

would derive from the new requirement that air carriers report problems that occur during ground operations that could affect flight safety.

The proposed rule would also explicitly permit the submission of the required reports in an electronic form. Electronic submission of data will give the FAA more timely information, thereby permitting earlier recognition of significant trends. In addition, the allowance of electronic reporting should reduce the processing and storage costs of the air carriers. The costs of duplicating these reports, mailing them to the FAA, and record-keeping should all be reduced. Because of the negligible nature of many of these processing costs, however, any cost-savings should be quite minor. In addition, the need for FAA-compatible equipment/software may dilute some of these cost-savings. at least initially. The FAA invites comments from the industry regarding the potential magnitude of these costsavings.

Regulatory Flexibility Determinations The Regulatory Flexibility Act of 1980

(RF A) was enacted by Congress to ensure that small entities are not unnecessarily and disproportionately burdened by government regulations. The RF A requires agencies to review rules that may have a "significant economic impact on a substantial number of small entities."

Under FAA Order 2100.14A, the criterion for a "substantial impact" is a number that is not less than 11 and that is more than one third of the small entities subject to the rule. For operators of aircraft for hire, a small operator is one that owns, but not necessarily operates, nine or fewer aircraft. The FAA's criterion for a "significant impact" is $116,300 or more per year for a scheduled operator whose entire fleet has a seating capacity of 60 seats or more, $65,000 for a scheduled operator with a fleet including smaller aircraft, and $4,600 or more for an unscheduled operator.

Any incremental costs or cost-savings per operator are likely to be nominal, however, for reasons previously noted. The FAA has therefore determined that the proposed rule would not have a significant impact on a substantial number of small entities. The FAA solicits comments from the affected segment of the aviation industry regarding the possible extent of any cost impacts.

International Trade Impact Assessment The incremental costs and cost

savings associated with the proposed rule changes are not significant enpugh

to result in relative trade advantages to either U.S. or foreign entities. Therefore, the FAA has determined that they would have no impact on the sale of foreign products domestically, or the sale of U.S. products in foreign markets.

Federalism Implications The regulations proposed herein will

not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 12612, it is determined that this proposed rule would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. ·

Conclusion For the reasons discussed in the

preamble, and based on the findings in the Regulatory Flexibility Determination and International Trade Impact Analysis, the FAA has determined that this proposed .regulation is not a significant regulatory action under Executive Order 12866. In addition, the FAA certifies that this proposal, if adopted, will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This proposal is not considered significant under DOT Order 2100.5, Policies and Procedures for , Simplification, Analysis, and Review of Regulations. The FAA has determined that a separate regulatory evaluation is not needed for this proposal, and all information related to the costs and benefits, including an initial Regulatory Flexibility Determination and an International Trade Impact Analysis, is included in this document under the heading "Regulatory Evaluation Summary."

List of Subjects

14 CFR Part 121

Air carriers, Aircraft, Aviation safety, Reporting and record.keeping irequirements, Safety, Transportation.

14 CFR Part 125

Aircraft, Aviation safety, Reporting and recordkeeping requirements, Safety.

14 CFR Part 127

Air carriers, Aircraft, Aviation safety, Helicopters, Reporting and recordkeeping requirements.

14 CFR Part 135

Air taxis, Aircraft, Aviation safety, Fteporting and record.keeping · requirements.

14 CFR Part 145

Aircraft, Aviation safety, Reporting and record.keeping requirements.

. The Proposed Amendment

In consideration of the foregoing, the Federal Aviation Administration ·proposes to amend 14 CFR parts 121, 125, 127, 135, and 145 of the Federal Aviation Regulations as follows:

PART 121-CERTIFICATION AND OPERATIONS: ~OMESTIC, FLAG, AND SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE AIRCRA"

1. The authority citation for part 121 continues to read as follows:

Authority: 49 U.S.C. app. 1354(a), 1355, 1356, 1357, 1401, 1421-1430,1472, 1485, and 1502; 49 U.S.C. 106(g).

2. Section 121.703 is amended by revising the heading and paragraphs (a), (c), (q), (e), (f), and (g) and by removing paragraph (h) to read as follows:

f 121.703 Operational difficulty reports. (a) Each certificate holder shall report

the occurrence or detection of each failure, malfunction, or defect concerning-

(1) Any fire and, when monitored by a related fire-warning system, whether the fire-warning system functioned properly;

(2) Any false fire or smoke warnings that require the use of emergency procedures;

(3) An engine exhaust system that causes damage to the engine, adjacent structure, equipment, or components;

(4) An aircraft component that causes the accumulation or circulation of smoke, vapor, or toxic or noxious fumes requiring the use of emergency procedures;

(5) Any engine flameout or shutdown during ground or flight operations, excluding intentional engine shutdowns during such operations (e.g .• flight crew training, test flights, or while taxiing to reduce fuel consumption):

(6) A propeller feathering system or ability of the system to control overspeed; ..

. (7) A fuel or fuel-dumping system that affects fuel flow or causes hazardous leakage during flight;

(8) A landing gear extension or retraction or the opening or closing of landing gear doors during flight;

(9) Any brake system component that results in any detectable loss of brake actuating force when the aircraft is in motion on the ground, excluding failun!s, malfunctions, or defects that are deferrable according to the


Minimum Equipment List as provided for in§ 91.213;

(10) Any aircraft component or system that results in aborted takeoffs after initiation of the takeoff roll or the taking of emergency actions during flight; and

(11) Any emergency evacuation system or component including any exit door, passenger emergency evacuation lighting system, or evacuation equipment that is found to be defective, or that fails to perform the intended function during an actual emergency or during training, testing, maintenance, demonstrations, or inadvertent deployments, excluding failures, malfunctions, or defects that are deferrable according to the Minimwn Equipment List as provided for in §91.213.

(b) ••• (c) In addition to the reports required

by paragraph (a) of this section, each certificate holder shall report any other failure, malfunction, or defect in an aircraft, system, component, or powerplant that occurs or is detected at any time if, in its opinion, that failure, malfunction, or defect has endangered or may endanger the safe operation of an aircraft.

(d) Each certificate holder shall submit each report required by this section, covering each 24-hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day, to a centralized collection point as specified by the FAA. Each certificate holder also shall make th.e report data available for examination by the Flight Standards District Office charged with the overall inspection of the certificate holder in a form and manner acceptable to the Administrato1. Each report of occurrences during a 24· hour period shall be submitted to the FAA within the next 72 hours. However, a report that is due on . Saturday or Sunday may be submitted on the following Monday, and one that is due on a holiday may be submitted on the next work day.

(e) The certificate bolder shall submit the reports required by this section in an electronic form or another form acceptable to the Administrator. The reports shall include the information listed in paragraphs (e)(l) through (e)(6) of this section and should include as much information that is available for paragraphs (e)(7) through (e)(9) of this section:

(1) Manufacturer, model, serial number, and registration nwnber of the aircraft.

(2) The name of the operator. (3) The date; flight number; station

where the failure. malfunction, 01 defect was detected; and the stage during

which the failure, malfunction, or defect occurred (e.g., preflight, taxi, takeoff, climb, cruise, descent, approach, landing, or inspection).

(4) The nature of the failure, · malfunction, or defect.

(5) The applicable FAA modified Air Transport Association Specification 100 code (ATA code).



(8) The emergency procedure effected. (9) Identification of th& part and

system involved, including available infi:,rmation pertaining to type designation of the major component and the time since the last maintenance overhaul, repair, or inspection.

(0 A certificate holder that is also the holder of a Type Certificate (including a Supplemental Type Certificate), a Parts Manufacturer Approval (PMA), or a Technical Standard Order (TSO) authorization, or that is a licensee of a Type Certificate, need not report a failure, malfunction, or defect under this section if the certificate bolder has reported the failure, malfunction, or dE!fect under§ 21.3 of this chapter or w1der the accident reporting provisions of' part 830 of the regulations of the National Transportation Safety Board.

(g) A report required by this section may be submitted by a certificated repair station when the reporting task b,as been assigned to it by a part 121 certificate holder. However, the part 121 certificate holder remains primarily responsible for ensuring compliance with the provisions of this section. The part 121 certificate holder shall receive a copy of each report submitted by the r,epair station.


f 121.704 Structural difficulty reports.. (a) Each certificate holder shall report

the occurrence or detection of each failure or defect of each primary ntructure or principal structural element, as defined in the manufacturer's Maintenance Manual, which includes the aircraft's Structural

· Repair Manual, related ter-(1) Corrosion that requires rework or

blendout that exceeds the manufacturer's Maintenance Manual (MM) allowable limits and requires a repair or a complete or partial replacement of a primary structure or principal structural element;

(2) Cracks that require a repair or a complete or partial replacement of a primary structure or principal structural element;

(3) Disbanding that requires a repair or a complete or partial replacement of

a primary structure or principal structural element;

(4) Failures or defects repaired in. accordance with data approved by a Designated Engineering Representative (DER) or other approved data not contained in the manufacturer's MM; and

(5) Any crack, fracture, or delamination of a primary structure or principal structural element composed of composite materials.

(b) In addition to the reports required by paragr~pb (a) of this section, each certificate holder shall report any other failure or defect in aircraft structure that occurs or is detected at any time if, in its opinion, that failure or defect has endangered or may endanger the safe operation of any aircraft.

(c) £ach certificate holder shall submit each report required by this section covering such 24-hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day, to a centralized collection point as specified by the FAA. Each certificate holder also shaU make the report data available for examination by the Flight Standards District Office charged with the overall inspection of the certificate holder in a form and manner acceptable to the Administrator. Each report of occurrences during a 24· hour period shall be submitted to the FAA within the next 72 hours. However, a report that is due on Saturday or Sunday may be submitted on the following Monday. and one that is due on a holiday may be submitted on the next work day.

(d) The certificate holder shall submit the reports required by this section in an electronic form or another form acceptable to the Administrator. The reports shall include the following information listed in paragraphs (d)(l) through (d)(6) ofthis section and should include as much information that is available for paragraph (d)(7} of this section:

(1) Manufacturer, model, serial nwnber, and registration nwnber of the aircraft.

(2) The name of the operator. (3) The nature of the failure or defect

and its location. ·• (4) The FAA-modified Air Transport

Association Specification 100 code (ATA code).

(5) The aircraft total time and cycles. · (6) The date and station where the

failure or defect was discovered. (7) Identification of the part or

component involved (e.g:. manufacturer's part number and serial number) and the time since the last maintenance overhaul, repair, or inspection.


(e) A certificate holder that is also the holder of a Type Certificate (including a Supplemental Type Certificate), a Parts Manufacturer Approval (PMA), or a TSO authorization. or that is a licensee of a Type Certificate, need not report a failure, malfunction, or defect under this section if the certificate holder has reported the failure, malfunction, or defect under § 21.3 of this chapter or under the accident reporting provisions of part 830 of the regulations of the National Transportation Safety Board.

(0 The reports required by this section may be submitted by a certificated repair station when the reporting task has been assigned to it by the part 121 certificate holder. However, the responsibility for ensuring compliance with the provisions of this section may not be delegated by the part 121 certificate holder. The part 121 certificate holder shall receive a copy of each report.

4. Section 121.705 is revised to read as follows:

S 121.705 Mechanical Interruption summary report.

Each certificate holder shall regularly and promptly submit a summary report to the Administrator following each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected mechanical difficulties or malfunctions that are not required to be reported under§§ 121.703 or 121.704.

PART 125-CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE

5. The authority citation for part 125 is revised to read as follows:

Authority: 49 U.S.C. app. 1354, 1421 through 1430, and 1502: 49 U.S.C. 106(g).


t 125.409 Open1t1onal difficulty report9. (a) Each certificate holder must report

the occurrence or detection of each failure, malfunction, or defect in an aircraft conceming-

(1) Any fire and, when monitored by a related fire-warning system, whether the fire-warning system functioned . properly;

(2) Any false fire or smoke warnings that require the use of emergency procedures:

(3) An engine exhaust system that causes damage to an engine, adjacent structure, equipment, or components:

(4) An aircraft component that causes maintained. Each certificate holder also lthe accumulation or circulation of must make the report data available for smoke, vapor, or toxic or noxious fumes examination by the Flight Standards requiring the use of emergency District Office charged with the overall procedures; inspection of the certificate holder in a

(5) Any engine flameout or shutdown form and manner acceptable to the during ground or flight operations, Administrator. Each report of excluding intentional engine shutdowns occurrences during a 24-hour period during such operations (e.g., flight crew shall be submitted to the FAA within training, test flights, or taxiing to reduce the next 72 hours. However, a report fuel consumption); that is due on Saturday or Sunday may

(6) A propeller feathering system or be submitted on the following Monday, ability of the system to control and one that is due on a holiday may overspeed; be submitted on the next work day. For

(7) A fuel or fuel dumping system that aircraft operating in areas where mail is affects fuel flow or causes hazardous not collected, reports may b1I submitted leakage during flight; within 24 hours after the aircraft returns

(8) A landing gear extension or to a point where mail is collected. retraction or the opening or closing of (e) The certificate holder shall submit landing gear doors during flight; the reports required by this section in an

(9) Any brake system component that electronic form or another form results in any detectable loss of brake acceptable to the Administrator. The actuating force when the aircraft is in reports shall include the information motion on the ground, excluding listed in paragraphs (e)(l) to (e)(6) of failures, malfunctions, or defects that this section and should include as much are deferrable according to the information that is reasonably available Minimum Equipment List as provided for paragraphs (e)(7) to (e)(9) of this for in § 91.213; section:

(10) Any aircraft component or system (1) Manufacturer, model serial that results in aborted takeoffs after number, and registration number of the initiation of the takeoff roll or the taking aircraft. of emergency actions during flight; and (2) The name of the operator.

(11) Any emergency evacuation (3) The date; flight number; station system or component including any exit where the failure, malfunction, or defect door, passenger emergency evacuation was detected; and the stage during lighting system, or evacuation which the failure, malfunction, or defect equipment that is found to be defective, occurred (e.g .• preflight, taxi, takeoff, or that fails to perform the intended climb, cruise, descent, approach, function during an actual emergency or landing, or inspection). during training. testing, maintenance, (4) The nature of the failure, demonstrations, or inadvertent malfunction, or defect. deployments, excluding failures, (5) The applicable FAA-modified Air malfunctions, or defects that are Transport Association Specification 100 deferrable according to the Minimum code (ATA code). Equipment List as provided for in (6) The aircraft total time and total § 91.213. cycles. .

(b) For the purposes of this section, (7) The engine or component serial during flight means the period from the number. moment the aircraft leaves the surface of (8) The emergency procedure effected the earth on takeoff until it touches (e.g., unscheduled landing and d,own on landing. emergency descent).

(cl In addition to the reports required (9) ldentification of the part and by paragraph (a) of this section, each system involved, including available c11rtificate holder must report any other information pertaining to type failure, malfunction, or defect in an designation of the major component and aircraft, system, component, or • the time since the last maintenance . powerplant that occurs or is detected at overhaul, repair, or inspection. .' any time if, in its opinion, that failure, (0 A certificate holder that is also the malfunction, or defect has endangered holder of a Type Certificate (including or may endanger the safe operation of an a Supplemental Type Certificate), a aircraft it uses. Parts Manufacturer Approval (PMA), or

(d) Each certificate holder must a Technical Standard Order (TSO) submit each report required by this authorization or that is a licensee of a section as prescribed in paragraphs (a) Type Certificate need not report a and (c) of this section, covering each 24· faHure, malfunction, or defect under hour period beginning at 0900 local this section if it has reported the failure, time of each day and ending at 0900 malnmction, or defect under§ 21.3 of local time on the next day. to the this chapter or under the accident location where the data base is reporting provisions of part 830 of the

---------


regulations of the National Transportation Safety Board.

(g) Reports prescribed in paragraph (e) of this section may be submitted by a certificated repair station when the reporting task has been delegated by a part 125 certificate holder, under the pro\·isions of§§ 145.63(d)(2) or 145.79(e)(2) of this chapter. However, the responsibility for ensuring compliance with the provisions of this section may not be delegated by the part 125 certificate holder. The part 125' certificate holder must receive a copy of each report.

7._Section 125.410 is added to read as follows:

S 125.410 Structural difficulty repor1S. (a) Each certificate holder shall report

the occurrence or detection of each failure or defect of each primary structure or principal structural element, as defined in the manufacturer's Maintenance Manual (which includes the aircraft's Structural Repair Manual and other manufacturer's documents that set forth maintenance requirements) related to-

(1) Corrosion that requires rework or blendout that exceeds the manufacturer's Maintenance Manual (MM) allowable limits and requires a repair or a complete or partial replacement of a primary structure or principal structural element;


(3) Disbanding that requires a repair or a complete or partial replacement of a primary structure or principal structural element;

(4) Failures or defects repaired in accordance with Designated Engineering Representative (DER) data or other approved data not contained in the manufacturer's MM; and


(b) In addition to the reports required by paragraph (a) of this section, each certificate holder shall report any other failure or defect in aircraft structure that occurs or is detected at any time if, in its opinion, that failure or defect has endangered or may endanger the safe operation of any aircraft it uses.

(c) Each certificate holder shall submit each report required by this section, as prescribed in paragraphs (a) and (b) of this section, covering each 24· hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day, to a centralized collection point as sp,cified

by the FAA. Each certificate holder also shall make the report data available for examination by the Flight Standards District Office charged with the overall inspection of the certificate holder in a form and manner acceptable to the Administrator. Each report of occurrences during a 24-hour period

· shall be submitted to the FAA within the next 72 hours. However, a report that is due on Saturday or Sunday may be submitted on the following Monday, and one that is due on a holiday may be submitted on the next. work day. For aircraft operating in areas where mail is not collected, reports may be submitted within 24 hours after the aircraft returns to a faint where the mail is collected.

(d The certificate holder shall submit the reports required by this section in an electronic form or another form acceptable to the Administrator. The reports must include the following information listed in paragraph (d)(l) through (d)(6) of this section and should include as much information that is reasonably available for paragraph (d)(7) of this section:

(1) Manufacturer, model, serial number, and registration number of the aircraft.


and its location. (4) The FAA-modified Air Transport

Association Specification 100 code (ATA code). .

(5) The aircraft total time and cycles. (6) The data and station where the


component involved (e.g., manufacturer's part number and serial number) and the time since the last maintenance overhaul, repair, or inspection.

(e) A certificate holder that is also the holder of a Type Certificate (including a Supplemental Type Certificate), a Parts Manufacturer Approval (PMA), or a Technical Standard Order (TSO) authorization or that is a licensee of a Type Certificate need not report a failure, malfunction, or defect under this sectio11 ifit has reported the failure, malfunction, or defect under§ 21.3 of this chapter or under the accident reporting provisions of part 830 of the regulations of the National Transportation Safery Board.

(0 Reports prescribed in paragraph (d) of this section may be submitted by a . certificated repair station when the reporting task has been assigned by the part 125 certificate holder under the provisions of§§ 145.63(d)(2) or 145.79(e)(2) of this chapter. However, the responsibility for ensuring compliance with the provisions of this

section may not be delegated by the part 125 certificate holder. The part 125 certificate holder shall receive a copy of each report.

PART 127-CERTIFICATION AND OPERATIONS OF SCHEDULED AIR CARRIERS WITH HELICOPTERS

8. The authority citation for part 127 continues to read as folJlows:

Authorily:49 U.S.C. epp.1354(a) 1421, 1422, 1423, 1424, 1425, 1430; 49 u.s.c. 106(g).


f 127.313 Operational difficulty reports. (a) Each air carrier shall report the

occurrences or detection of each failure, malfunction, or defect concerning-

(1) Any fire and, when monitored by a related fire-warning system, whether the fire-warning system functioned properly; .

(2) Any false fire or smoke warnings that require the use of emergency procedures; •

(3) An engine exhaust system that causes damage to an engine, adjacent structure, equipment, or components;

(4) A helicopter component that causes the accumulation or circulation of smoke, vapor, or toxic or noxious fumes requiring the use ofemergency procedures;

(5) Any engine flameout or shutdown during ground or flight operations, excluding intentional engine shutdowns during such operations (e.g., flight crew training, test flights, or taxiing to reduce fuel consumption);

(6) A fuel or fuel dumping system that affects fuel flow or causes hazardous leakage during flight;

(7) Any helicopter component or system that results in aborted takeoffs after initiation of the takeoff or the taking of emergency actions during flight;

[8) Main rotor or auxiliary rotor system; and

(9) Any emergency evacuation system or component including any exit door, passenger emergency evacuation lighting system, or evacuation ,.. equipment that is found to be defective, or that fails to perform the intended function during an actual emergency or during training, testing, maintenance, demonstrations, or inadvertent deployments, excluding failures, malfunctions, or defects that are deferrable according to the Minimum Equipment List as provided for in §91.213.

(10) A landing gear extension or retraction, or the opening or closing of landing gear doors during flight:


(11) Any brake system component that results in any detectable loss of brake actuating force when the aircraft is in motion on the ground.

(b) For the purposes of this section during flight means the period from the moment the helicopter leaves the surface of the earth on takeoff until it touches down on landing.

(c) In addition to the reports required by paragraph (a) of this section, each air carrier shall report any other failure, malfunction, or defect in a helicopter, system, component, or powerplant that occurs or is detected at any time if, in the air carrier's opinion, the failure, malfunction, or defect has endangered or may endanger the safe operation of the helicopter it uses. ·

(d) Each air carrier shall submit each report required by this section as prescribed in paragraphs (a) and (c) of this section, covering each 24·hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day. to a centralized collection point as specified by the FAA. Each certificate holder also shall make the report data available for examination by the Flight Standards District Office charged with the overall inspection of the certificate holder in a form and manner acceptable to the Administrator. Each report of occurrences during a 24-hour period shall be submitted to the FAA within the next 72 hours. However, a report that is due on Saturday or Sunday may be submitted on the following Monday, and one that is due on a holiday may be submitted on the next work day.

(e) The air carrier shall submit tbe reports required by this section is an electronic form or another form acceptable to the Administrator. The reports shall include the information listed in paragraphs (e)(l) through (e)(6) of this section and should include as much information that is reasonably available for paragraphs (e)(7) through (e)(9) of this section:

(1) Manufacturer, model, serial number, and registration number of the belicoJ)ter.

(2) The name ofthe air carrier. (3) The date; flight number; station

where the failure, malfunction, or defect was detected; and the stage during which the failure, malfunction, or defect occurred (e.g., preflight, taxi, takeoff, climb, cruise, descent, landing, or inspection).


(5) The applicable FAA-modified Air Transport Association Specification 100 code (ATA code).

(6) The helicopter total time and total cycles. • ..


(8) The emergency procedure affected (e.g., unscheduled landing and emergency descent).

(9) Identification of the part and system involved, including available information pertaining to type designation of the major component and the time since the last maintenance overhaul, repair, or inspection.

(0 A certificate holder that is also the holder of a Type Certificate (including a Supplemental Type Certificate), a Parts Manufacturer Approval (PMA), or a Technical Standard Order (TSO) authorization, or that is a licensee of a Type Certificate, need not report a failure, malfunction, or defect under this section if it has reported the failure, malfunction, or defect under§ 21.3 of this chapter or under the accident reporting provisions of part 830 of the regulations of the National Transportation Safety Board.

(g) Reports prescribed in paragraph (e) of this section may be submitted by a certificated repair station when the reporting task has been assigned by a part 127 air carrier, under the provisions of§§ 145.63(d)(3) or 145.79(e)(3) of this chapter. However, the responsibility for ~nsuring compliance with the provisions of this section may not be delegated by the part 127 air carrier. The part 127 air carrier shall receive a copy of each report. · ·


§ 127.314 Structural difficulty reports.

(a) Each air carrier shall report the occurrence or detection of each failure or defect of each primary structure or principal structural element as defined in the manufacturer's Maintenance Manual (which includes the aircraft's Structural Repair Manual and other manufacturer's documents that set forth maintenance requirements) related to-

( 1) Corrosion that requires rework or · blendout that exceeds the manufacturer's Maintenance Manual (MM) allowable limits and requires a repair or a complete or partial ntplacement of a primary structure or principal structural element;

(2) Cracks that require a repair or a complete or partial replacement of a . . primary structure or principal structural element;

(3) Disbanding that requires a repair 01· a complete or partial replacement of a primary structure or principal structural element;

(4) Failures or defects repaired in: accordance with Designated Engineering Rt!presentative (DER) data or other

approved data not contained in the· manufacturer's MM; and


(b) In addition to the reports required by paragraph (a) of this section, each air carrier shall report any other failure or defect in helicopter-structure that occurs or is detected at any time if, in its opinion, that failure or defect has endangered or may endanger the safe operation of any helicopter it uses.

(cl Each air carrier shall submit each report required by this section, as prescribed in paragraphs (a) and (b) of this section, covering each 24-hour period beginning at 0900 local time of

· each day and ending at 0900 local time on the next day, to the location where the data base is maintained. Each certificate holder also shall make the report data available for examination by the Flight Standards District Office charged with the overall inspection of the certificate holder in a form and manner acceptable to the Administrator. Each report of occurrences during a 24· hour period shall be submitted to the FAA within the next 72 hours. However, a report that is due on Saturday or Sunday may be submitted on the following Monday, and one that is due on a holiday may be submitted on the next work day.

(d) The air carrier shall submit the reports required by this section in an electronic form or another form acceptable to the Administrator. The reports shall include the information listed in paragraphs (d)(l) through (d)(6) of this section and should include as much information that is reasonably available for paragraph (d)(7) ofthis section:

(1) Manufacturer. model, serial number, and registration number of the helicopter.




(5) The helicopter total time and cycles. '

(6) The date and station where the failure or defect was discovered.

(7) Identification of the part or e:omponent involved (e.g., manufacturer's part number and serial number) and the time since the last maintenance overhaul, repair, or inspection. ·

(e) An air carrier that is also the holder of a Type Certificate (including a Supplemental Type Certificate), a Parts Manufacturer Approval (PMA), or


a Technical Standard Order (TSO) excluding intentional engine shutdowns authorization or that is a licensee of a during such operations (e.g., flight crew Type Certificate need not report a training, test flights, or taxiing to reduce failure, malfunction, or defect under fuel consumption): this section if it has reported the failure, (6) A propeller feathering system or malfunction, or defect under§ 21.3 of ability of the system to control this chapter or under the accident overspeed: reporting provisions of part 830 of the (7) A fuel or fuel-dumping system that regulations of the National affects fuel flow or causes hazardous Transportation Safety Board. leakage during flight;

(0 Reports prescrioed in paragraph (d) (8) A landing gear extension or of this section may be submitted by a retraction or the opening or closing of certificated repair station when the landing gear doors during flight; reporting task has been assigned by the (9) Any brake system component that part 127 air carrier under the provisions results in any detectable loss of brake of§§ 145.63(d)(3) or 145.79(e)(3) of this actuating force when the ailocraft is in chapter. However, the responsibility for • motion on the ground, excluding ensuring compliance with the failures, malfunctions, or defects that provisions of this section may not be are deferrable according to the delegated by the part 127 air carrier. The Minimum Equipment List as provided part 127 air carrier shall receive a copy for in § 91.213; of each report. . (10} Any aircraft component or system

11. Section 127.315 is revised to read that results in aborted takeoffs after as follows: initiation of the takeoff roll or the taking

§ 127.315 Mechanical Interruption summary report.

Each certificate holder shall regularly and promptly submit a summary report to the Administrator following each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by known or suspected mechanical difficulties or malfunctions that are not required to be reported under§ 127.313 or§ 127.314.

12. The authority citation for part 135 continues to read as follows:

Authority: 49 U.S.C. app. 1354(a), 1355(a), 1421 through 1431, and 1502; 49 U.S.C. 106(g).

13. Section 135.415 is amended by revising the heading and paragraphs (a), (c), (d), (e), (0, and (g) and by removing paragraphs (a)(12) through (a)(16) and paragraph (h) to read as follows: § 135.415 Operational dlfflculty reports.

(a) Each certificate holder shall report the occurrence or detection of each failure, malfunction, or defect in an aircraft concerning-

( 1) Any fire and, when monitored by a related fire-warning system, whether the fire-warning system functioned properly;

(2) Any false fire or smoke warnings that require the use of emergency procedures:

(3) An engine exhaust system that causes damage to an engine, adjacent structure, equipment or components;

(4) An aircraft component that causes the accumulation or circulation of smoke, vapor, or toxic or noxious fumes requiring the use of emergency procedures:

(5) Any engine flameout or shutdown during ground or flight operations.

of emergency actions during flight; and (11) Any emergency evacuation

system or component including any exit door, passenger emergency evacuation lighting system, or evacuation equipment that is found to be defective, or that fails to perform the intended function during an actual emergency or during training, testing, maintenance, demonstrations, or inadvertent deployments, excluding failures, malfunctions, or defects that are

. deferrable according to the Minimum Equipment List as provided for in §91.213.

(b) * * * (c) In addition to the reports required

by paragraph (a) of this section, each certificate holder shall report any other failure, malfunction, or defect in an aircraft, system, component, or powerplant that occurs or is detected at any time if, in its opinion, that failure, malfunction, or defect has endangered or may endanger the safe operation of an aircraft it uses.

(d) Each certificate holder shall submit each report required by this section as prescribed in paragraphs (a) and (c) of this section, covering each 24· hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day, to the location where the data base is maintained. Each certificate holder also shall make the report data available for examination by the Flight Standards District Office charged with the overall inspection of the certificate holder in a form and manner acceptable to the Administrator. Each report of occurrences during a 24-hour peri~ shall be submitted to the FAA within the next 72 hours. However, a report that is due on Saturday or Sunday may

be submitted on the following Monday, and one that is due on a holiday may be submitted on the next work day. For aircraft operating in areas where mail is not collected, repo_rts may be submitted within 24 hours after the aircraft returns to a _point where mail is collected.

(e) The certificate holder shall submit the reports required by this section in an electronic form or another form acceptable to the Administrator. The reports must include the information listed in paragraphs (e)(l) through (e)(6) of this section and should include as much information that is reasonably available for paragraphs (e)(7) to (e)(9) of this section:


(2) The name of the operator. (3) The date; flight number: station

where the failure, malfunction, or defect was detected; and the stage during which the failure, malfunction, or defect occurred (e.g., preflight, taxi, takeoff, climb, cruise, descent, approach, landing, or inspection).

( 4) The nature of the failure, malfunction, or defect.

(5) The applicable FAA-modified Air Transport Association Specification 100 code (AT A code).


(7) The engine or component serial number .

(8) The emergency procedure affected (e.g., unscheduled landing and emergency descent).

(9) Identification of the part and system involved, including available information pertaining to type designation of the major component and the time since the last maintenance overhaul, repair, or inspection.

(f) A certificate holder that is also the holder of a Type Certificate (including a Supplemental Type Certificate), a Parts Manufacturer Approval (PMA), or a Technical Standard Order (TSO) authorization or that is a licensee of a Type Certificate need not report a failure, malfunction, or defect under this section ifit has reported the failure, malfunction, or defect under§ 21.3.of this chapter or under the accident· reporting provisions of part 830 of the regulations of the National Transportation Safety Board.

(g) Reports prescribed in paragraph (e) of this section may be submitted by a certificated repair station when the reporting task has been assigned by a part 135 certificate holder, under the provisions of§§ 145.63(d)(4) or 145.79(e)(4) ofthia chapter. However, the responsibility for ensuring compliance with the provisions of this

42008 Federal Register i Vol. 60, No. 156 I Monday, August 14, 1995 I Proposed Rules

section may not be delegated by the part 135 certificate holder. The part 135 certificate holder shall receive a copy of each report.


t 135.418 Structural difficulty reports. (a) Each certificate holder shall report

the occunence or detection of each failure or defect of each primary structure or principal structural element as defined in the manufacturer's Maintenance Manual (which includes the aircraft's Structural Repair Manual and other manufacturer's documents that set forth maintenance requirements) related to-

(1) Corrosion that requires rework or blendout that exceeds the manufacturer's Maintenance manual (MM) allowable limits and requires a repair or a complete or partial replacement of a primary structure or principal structural element;


(3) Disbanding that requires a repair or a complete or partial replacement of a primary structure or principal structural element;

(4) Failures or defects repaired in accordance with Designated Engineering Representative (DER) data or other approved data not contained in the manufacturer's MM; and

(S) Any crack, fracture, or delamination of a primary structure or principal structural element composed of composite materials.

(b) In addition to the reports required by paragraph (a) of this section, each certificate holder shall report any other failure or defect in aircraft structure that occurs or is detected at any time if, in its opinion, that failure or defect has endangered or may endanger the safe operation of any aircraft it uses.

(cl Each certificate holder shall submit each report required by this section, as prescribed in paragraphs (a) and (b) of this section, covering each 24· hour period beginning at 0900 local time of each day and ending at 0900 local time on the next day, to a centralized collection point as specified by the FAA. Each certificate holder also shall make the report data available for examination by the Flight Standards District Office charged with the overall inspection of the certificate holder in a form and manner acceptable to the Administrator. Each report of occurrences during a 24-hour period shall be submitted to the FAA within the next 72 hours. However, a report that is due on Saturday or Sunday I?ay

be submitted on the following Monday, and one that is due on a holiday may be submitted on the next work day. For aircraft operating in areas where mail is not collected, reports may be submitted within 24 hours after the aircraft returns to a f oint where the mail is collected.

(d The certificate holder shall submit the reports required by this section in an electronic form or another form acceptable to the Ad.ministr!ltor. The reports must include the information listed in paragraphs (d)(l) through (d)(6) of this section and should include as much information that is reasonably available for paragraph (d)(7) of this section:





(5) The aircraft total time and cycles. (6) The date and station where the


component involved (e.g., manufacturer's part number and serial number) and the time since the last maintenance overhaul, repair, or inspection. ·

(e) A certificate holder that is also the holder of a Type Certificate (including a Supplemental Type Certificate), a Parts Manufacturer Approval (PMA), or a Technical Standard Order (TSO) authorization or that is a licensee of a Type Certificate need not report a failure, malfunction, or defect under iliis section if it has reported the failure, malfunction, or defect under§ 21.3 of this chapter or under the accident reporting provisions of part 830 of the regulations of the National Transportation Safety Board.

(0 Reports prescribed in paragraph (d) of this section may be submitted by a certificated repair station when the reporting task has been assigned by the part 135 certificate holder under the provisions of§§ 145.63(d)(4) or 145.79(e)(4) of this chapter. However, the responsibility of ensuring compliance with the provisions of this section may not be delegated by the part 135 certificate holder. The part 135 certificate holder shall receive a copy of each report. ·


f 135.417 Mechanical Interruption summary report.

Each certificate holder shall regularly and promptly submit a summary report

to the Administrator following each interruption to a flight, unscheduled change of aircraft en route, or unscheduled stop or diversion from a route, caused by a known or suspected mechanical difficulty or malfunction that is not required to be reported under i 135.415 or§ 135.316.

PART 145-REPAIR STATIONS

16. The authority citation for part 14:i is revised to read as follows:

Authority: 49 U.S.C. app. 1354(a), 1355, 1421, and 1427.

17. Section 145.63 is amended by 'adding paragraphs (d) and (el to read as follows:

t 145.83 Reports of defects or unalrworthy conditions. . " . * * •

(d) A certificated domestic repair station may submit an operational or structural difficulty report for-

(1) A part 121 certificate holder under § 121.703(g) or§ 121.704(g) provided that the report meets the requirements of§§ 121.703(d) and 121.703(e) or

· §§ 121.704(d) and 121.704(e) of this chapter, as appropriate;

(2) A part 125 certificate holder under § 125.409(g) or§ 125.410(g) provided that the report meets the requirements of§§ 12S.409(d) and 125.409(e) or §§ 125.410(d) and 125.410(e) of this chapter, as appropriate;

(3) A part 127 certificate holder under § 127.313(g) or§ 121.314(g) provided that the report meets the requirements of§ 127.313(d) or§ 127.313(e) or §§ 127.314(d) and 127.314(e) of this chapter, as appropriate; or

(4) A part 135 certificate holder under !; 135.415(g) or§ 135.416(g) provided that the report meets the requirements of§§ 135.415(d) and 135.415(e) or §§ 135.416(d) and 135.416(e) of this chapter, as appropriate.

(e) A certificated domestic repair station authorized to report a failure, malfunction, or defect under paragraph (d) ofthis section need not report the same failure, malfunction, or defect under paragraph (a) of this section. A copy of the report submitted under .. paragraph (d) of this section shall be · forwarded to the certificate holder.

18. Section 145.79 is amended by adding paragraphs (e) and (f) to read as follows:

t 145.71 Aecom and reports. • • • • •

(e) A certificated foreign repair station may submit an operational or structural difficulty report for-

(1) A part 121 certificate holder under § 121.703(g) or§ 121.704(g) provided

Federal Register I Vol. 60, No. 156 I Monday, August 14, 1995 I Proposed Rules

that the report meets the requirements of§§ 121.i'OJ(d) and 121.703(e) or §§ 121.704(d) and 121.704(e) of this chapter. as appropriate;

(2) A part 125 certificate holder under § 125.409(g) or§ 125.410(g) pro\•ided that the report meets the requirements of§§ 125.409(d) and 125.409(e) or §§ 125.4 lO(d) and 125.4 lO(e) of this chapter, as appropriate;

(3) A part 127 certificate holder under §§ 127.313(g) or 121.314(g) provided that the report meets the requirements of§§ 127.313(d) and 127.313(e) or §§ 127.314ld) and 127.314(e) of this chapter, ai; appropriate; or

(4) A part 135 certificate holder under §§ 135.415(g) or 135.416(g) provided that the report meets the requirements of§§ 135.415(d) and 135.415(e) or §§ 135.416(d) and 135.416(e) of this chapter. as appropriate.

(f) A certificated domestic repair station authorized to report a failure. malfunction. or defect under parograph (d) of this section need not report the same failure, malfunction. or defect under paragraph (a) of this section. A copy of the report submitted under paragraph (d) of this section shall be forwarded to the certificate holder.

Issued in Washington. DC. on August 4. 1995. William J. White, Acting Director, Fli3/Jt Standards Sen·ice, AFS-1. IFR Doc. 95-19909 Filed 8-11-95; 8:45 am! llWNG CODI &91~13-M

42009

78970 Federal Register / Vol. 67, No. 249 / Friday, December 27, 2002 / Rules and Regulations

that recommends modifying to a dual screen configuration at 100 hours TIS.

(e) Can I comply with this AD in any other way? You may use an alternative method of compliance or adjust the compliance time if:

(1) Your alternative method of compliance provides an equivalent level of safety; and

(2) The Manager, Los Angeles Aircraft Certification Office (ACO), approves your alternative. Submit your request through an FAA Principal Maintenance Inspector, who may add comments and then send it to the Manager, Los Angeles ACO.

Note 3: This AD applies to each airplane identified in paragraph (a) of this AD, regardless of whether it has been modified, altered, or repaired in the area subject to the requirements of this AD. For airplanes that have been modified, altered, or repaired so that the performance of the requirements of this AD is affected, the owner/operator must request approval for an alternative method of compliance in accordance with paragraph (e) of this AD. The request should include an assessment of the effect of the modification, alteration, or repair on the unsafe condition addressed by this AD; and, if you have not eliminated the unsafe condition, specific actions you propose to address it.

(f) Where can I get information about any already-approved alternative methods of compliance? Contact Roger Pesuit, Aerospace Engineer, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard; telephone: (562) 627–5251; facsimile: (562) 627–5210.

(g) What if I need to fly the airplane to another location to comply with this AD? The FAA can issue a special flight permit under §§ 21.197 and 21.199 of the Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate your airplane to a location where you can accomplish the requirements of this AD.

(h) How do I get copies of the documents referenced in this AD? You may get copies of the documents referenced in this AD from Brackett Aircraft Company, 7052 Government Way, Kingman, Arizona 86401; telephone: (928) 757–4009; facsimile: (928) 757–4433. You may view these documents at FAA, Central Region, Office of the Regional Counsel, 901 Locust, Room 506, Kansas City, Missouri 64106.

(i) When does this amendment become effective? This amendment becomes effective on February 18, 2003.

Issued in Kansas City, Missouri, on December 18, 2002.

Michael Gallagher, Manager, Small Airplane Directorate, Aircraft Certification Service.[FR Doc. 02–32510 Filed 12–26–02; 8:45 am]

BILLING CODE 4910–13–P



14 CFR Part 95

Standard Instrument Approach Procedures

CFR Correction

In Title 14 of the Code of Federal Regulations, parts 60 to 139, revised as of January 1, 2002, on page 300, in § 95.17, paragraph (b)(5) is corrected by removing 39° and adding in its place 69°.[FR Doc. 02–55526 Filed 12–26–02; 8:45 am] BILLING CODE 1505–01–D



14 CFR Parts 121, 125, 135, and 145

[Docket No. FAA–2000–7952]

RIN 2120–AH91

Service Difficulty Reports

AGENCY: Federal Aviation Administration, DOT.ACTION: Final rule; delay of effective date.

SUMMARY: The Federal Aviation Administration (FAA) is further delaying the effective date of a final rule that amends the reporting requirements for air carriers and certificated domestic and foreign repair station operators concerning failures, malfunctions, and defects of aircraft, aircraft engines, systems, and components. This action is prompted by the FAA’s decision to issue a proposal to address industry concerns about the final rule. Delaying the effective date of the final rule will allow the agency time for further consideration of industry concerns and completion of the notice of proposed rulemaking (NPRM) process.DATES: The effective date of the rule amending 14 CFR parts 121, 125, 135, and 145 published at 66 FR 558912, November 23, 2001, is delayed from January 16, 2003 until January 16, 2004.FOR FURTHER INFORMATION CONTACT: Jose E. Figueroa, Flight Standards Service, Tampa Flight Standards District Office, 5601 Mariner Street, Suite 310, Tampa, Florida, 33609–3413, telephone 813–639–1540.SUPPLEMENTARY INFORMATION:

Background

On September 15, 2000, the FAA requested comments on the information

collection requirements on the final rule entitled ‘‘Service Difficulty Reports’’ (65 FR 56191). That final rule, which had an effective date of January 16, 2001, amended the reporting requirements for air carriers and certificated domestic and foreign repair station operators concerning failures, malfunctions, and defects of aircraft, aircraft engines, systems, and components. The FAA received extensive written comments on the Service Difficulty Reporting (SDR) requirements and on the potential duplicate reporting of certain failures, malfunctions, and defects. On November 30, 2000, the FAA announced (65 FR 71247) that a public meeting on this rulemaking would be held on December 11, 2000. Participants at that meeting raised novel issues that the FAA was not aware of when preparing the final rule.

As a result of the concerns expressed at the meeting and those raised during the comment period for the final rule (published September 15, 2000), the FAA delayed the effective date of the final rule in three subsequent notices. The first notice (65 FR 80743) was published on December 22, 2000, the second notice (66 FR 21626) was published on April 30, 2001, and the third notice (66 FR 58912) was published on November 23, 2001. The purpose of these delays was to allow the agency time to consider industry’s concerns and also to issue a notice of proposed rulemaking (NPRM). The FAA will issue an NPRM to address the issues raised and to give the aviation industry and the general public the opportunity to comment on the agency’s proposed revisions to the final rule. The FAA is looking at the collection and analysis of SDR data through other information management systems that may provide valuable safety information. For example, the Commercial Airplane Certification Process Study is a significant collaborative effort between the FAA and industry to improve the certification and operation of air carrier aircraft. Aviation safety data identification and collection are a major component of this effort. To allow time to proceed with this process, the FAA further extends the effective date of the final rule until January 16, 2004. The FAA cautions the industry that the existing rules will remain in effect until the new effective date.

Since the delay in the effective date of the final rule does not impose any new requirements or any additional burden on the regulated public, the FAA finds that good cause exists for immediate adoption of the new effective date without a 30-day notice.

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78971Federal Register / Vol. 67, No. 249 / Friday, December 27, 2002 / Rules and Regulations

Issued in Washington DC on December 20, 2002. Marion Blakey, Administrator.[FR Doc. 02–32715 Filed 12–23–02; 4:19 pm] BILLING CODE 4910–13–P

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 520

New Animal Drugs; Neomycin Sulfate Soluble Powder

AGENCY: Food and Drug Administration, HHS.ACTION: Final rule.

SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental abbreviated new animal drug application (ANADA) filed by Alpharma, Inc. The supplemental ANADA provides for use of neomycin sulfate soluble powder in the drinking water of growing turkeys for the control of mortality associated with Escherichia coli organisms susceptible to neomycin.DATES: This rule is effective December 27, 2002.FOR FURTHER INFORMATION CONTACT: Lonnie W. Luther, Center for Veterinary Medicine (HFV–104), Food and Drug Administration, 7519 Standish Pl., Rockville, MD 20855, 301–827–8549, e-mail: [email protected] INFORMATION: Alpharma, Inc., One Executive Dr., P.O. Box 1399, Fort Lee, NJ 07024, filed a supplement to ANADA 200–130 that provides for use of NEO–SOL 50 (neomycin sulfate) soluble powder for making medicated drinking water for administration to cattle (excluding veal calves), swine, sheep, and goats for the treatment and control of colibacillosis (bacterial enteritis) caused by E. coli susceptible to neomycin. The supplemental ANADA provides for use of neomycin in the drinking water of growing turkeys for the control of mortality associated with E. coli organisms susceptible to neomycin. The supplemental application is approved as of October 25, 2002, and the regulations are amended in 21 CFR 520.1484 to reflect the approval. The basis of approval is discussed in the freedom of information summary.

In accordance with the freedom of information provisions of 21 CFR part 20 and 21 CFR 514.11(e)(2)(ii), a summary of safety and effectiveness

data and information submitted to support approval of this application may be seen in the Dockets Management Branch (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.

The agency has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’ Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801–808.

List of Subjects in 21 CFR Part 520Animal drugs.Therefore, under the Federal Food,

Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 520 is amended as follows:

PART 520—ORAL DOSAGE FORM NEW ANIMAL DRUGS

1. The authority citation for 21 CFR part 520 continues to read as follows:

Authority: 21 U.S.C. 360b.

§ 520.1484 [Amended]2. Section 520.1484 Neomycin sulfate

soluble powder is amended in paragraph (b)(1) by removing ‘‘046573’’ and in paragraph (b)(2) by adding in numerical sequence ‘‘046573’’.

Dated: December 17, 2002.Steven D. Vaughn,Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine.[FR Doc. 02–32748 Filed 12–26–02; 8:45 am]BILLING CODE 4160–01–S

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

Implantation or Injectable Dosage Form New Animal Drugs; Trenbolone Acetate and Estradiol Benzoate

AGENCY: Food and Drug Administration, HHS.ACTION: Final rule.

SUMMARY: The Food and Drug Administration (FDA) is amending the

animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Fort Dodge Animal Health. The supplemental NADA provides for use of an implant containing 100 milligrams (mg) trenbolone acetate and 14 mg estradiol benzoate for increased rate of weight gain in steers fed in confinement for slaughter.DATES: This rule is effective December 27, 2002.FOR FURTHER INFORMATION CONTACT: Daniel A. Benz, Center for Veterinary Medicine (HFV–126), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827–0223, e-mail: [email protected] INFORMATION: Fort Dodge Animal Health, Division of Wyeth, 800 Fifth St. NW., Fort Dodge, IA 50501, filed a supplement to NADA 141–043 for SYNOVEX (trenbolone acetate and estradiol benzoate) implants. The supplemental NADA provides for use of SYNOVEX Choice, an implant containing 100 mg trenbolone acetate and 14 mg estradiol benzoate, for increased rate of weight gain in steers fed in confinement for slaughter. The supplemental NADA is approved as of October 3, 2002, and the regulations are amended in 21 CFR 522.2478 to reflect the approval. The basis of approval is discussed in the freedom of information summary.

In accordance with the freedom of information provisions of 21 CFR part 20 and § 514.11(e)(2)(ii), a summary of safety and effectiveness data and information submitted to support approval of this supplemental application may be seen in the Dockets Management Branch (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday.

Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this supplemental approval qualifies for 3 years of marketing exclusivity beginning October 3, 2002.

The agency has determined under 21 CFR 25.33(a)(1) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

This rule does not meet the definition of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because it is a rule of ‘‘particular applicability.’’ Therefore, it is not subject to the congressional review requirements in 5 U.S.C. 801–808.

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